RAJESHWAR DAYAL AGGARWAL Vs. ENICAR MACHINE (INDIA)

JUDGEMENT

(1.) The present writ petition has been filed under Article 226 of the Constitution of India by the Petitioner/workman assailing the Award dtd. 3/7/2015 passed by the learned Presiding Officer, Labour Court-XIX, Karkardooma Courts, Delhi in LIR No. 30/2012, whereby the learned Labour Court held that the Government of NCT of Delhi was not the "appropriate Government" for making the reference and consequently held the claim of the Petitioner/workman to be not maintainable before the Labour Court at Delhi.

(2.) Brief facts emerging from the record, necessary for adjudication of the present writ petition, are that the Petitioner/workman claimed to have joined the services of the Respondent/management on 20/11/1978 as a Clerk/Sale Purchase Assistant and alleged that he had continuously worked under the management till November, 2009. It was further the case of the Petitioner/workman that the management had been operating under different names and styles, namely M/s Delhi Industrial Syndicate, M/s Asian Engineering Company, M/s Enicar Machine (India) and M/s Precision Tanks and Vessels (P) Ltd., and that he had worked in all the said establishments under the same management and control.

(3.) According to the Petitioner/workman, he lastly attended duties on 27/11/2009 at the establishment of M/s Enicar Machine (India) situated at B- 616, Nehru Ground, Faridabad, Haryana. The Petitioner/workman alleged that on the said date, he was orally directed by the management not to report for duties with effect from 28/11/2009, without issuance of any written order, charge-sheet or domestic enquiry. It was also alleged that his salary for the months of October and November, 2009 had been withheld by the management.