UGRAKANT JHA Vs. KIRAN ENGINEERING

JUDGEMENT

(1.) The present writ petition has been filed under Article 226 of the Constitution of India assailing the Award dtd. 3/9/2013 (hereinafter referred to as "impugned award") passed by learned Presiding Officer, Court No. IX, Karkardooma Courts, Delhi (hereinafter referred to as "Labour Court") in Industrial Dispute being ID No. 192/2012, whereby, the reference of the petitioner workman was dismissed.

(2.) The facts necessary for deciding the controversy involved in the present writ petition is in narrow compass. It is stated that Sh. Ugrakant Jha (hereinafter referred to as "the petitioner workman") had been working with the respondent No. 1 management (hereinafter referred to as "the respondent management") at B-68/3, Wazirpur Industrial Area, Delhi-110052, as a fitter since 1995. It is stated that the workman was made to work for both the managements as both the managements were running in the same building. It is stated that the respondent management, in the year 2011-12, allegedly closed their establishment/undertaking from the aforesaid premises and shifted their address to Sikandrabad, Uttar Pradesh.

(3.) It is the case of the petitioner that the services of the petitioner were terminated w.e.f. 8/9/2011 and they were not given any terminal benefits such as retrenchment compensation, prior notice or gratuity, etc. As a result thereof, the petitioner and other co-workmen protested against the said closure of management and subsequently, preferred an industrial dispute under the Industrial Disputes Act, 1947 (hereinafter referred to as "ID Act") for adjudication of their claims.