YAD RAM Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) The present petition has been filed by the petitioner praying inter alia for issuance of a writ of certiorari, quashing the order dated 31st August, 2005 passed by the Assistant Labour Commissioner on a complaint dated 12th March, 2005 filed by the petitioner/workman, whereunder it was held that the concerned workmen were not the employees of M/s. Taj Air Caterers Ltd. (hereinafter referred to as 'the management') but, on the contrary, were employees of various contractors and that the said workmen did not fall within the purview of Item 10 of the Fifth Schedule of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act) and therefore no action could be initiated on the said complaint as the same was not maintainable before the conciliation officer.

(2.) Facts leading up to the present petition are as follows. The petitioner and 87 other utility workers had filed a complaint against the officers of the management for indulging in unfair labour practice in continuing them as casual workers for the past more than 10-13 years. The petitioner was appointed as a Utility worker in the year 1995 while the other 87 utility workers were also appointed between the years 1993 and 1999, for performing various jobs like dish washing, hygiene, dispatch, flight unloading etc. It is alleged that the while the said workers were working for more than 13 years with the said management, they were not being regularized and were being treated as temporary casual workers and were being denied the wages of regular employees and other consequential benefits. An industrial dispute was raised in this behalf which is stated to be presently pending before the Industrial Tribunal.

(3.) Thereafter the petitioner and other utility workers filed a complaint before the conciliation officer on 12th March, 2005, under Section 2(ra) read with Schedule V (Item 10) of the Industrial Disputes Act (hereinafter referred to as the Act) against the said management for indulging in unfair labour practice for keeping the workers as temporary workers for years together. Vide impugned order dated 31st August, 2005, the Asst. Labour Commissioner rejected the said complaint. Aggrieved by the aforesaid order, the present petition has been preferred.