IRCON INTERNATIONAL LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) This LPA has been filed by the petitioner/appellant aggrieved from the order passed by learned Single Judge dated 10.5.2000 in WP(C)No. 2402/2000 whereby the learned Single Judge dismissed the writ petition by repelling the contentions of the petitioner that respondent no. 5 who was appointed as French Interpreter is not a workman within the meaning of Industrial Disputes Act (hereinafter referred to as the said Act) or that the reference was not made by the Central Government because the objections raised by the petitioner were not part of the pleadings before the Presiding officer of the Labour Court. The learned Single Judge also observed that no other illegality committed by the Presiding Officer of the Labour Court in the impugned Award was pointed out so as to call for any interference under Article 226 of the Constitution of India and thus the petition being devoid of any substance was rejected.

(2.) The learned counsel appearing for the petitioner/appellant before us again raised similar points which did not find favour with by the learned Single Judge. During the course of proceedings one of the issue raised i.e., 'respondent no. 5 was not a workman' was not pressed orally on 31.7.2007. This is also so stated by them in their additional affidavit dated 28.9.2007 in para 2 thereof, in the following words:

(3.) Thus the only legal issue which arises for consideration is 'whether the reference made in this case referring the disputes to the Presiding Officer Labour Court has not been made by the 'Central Government' which admittedly is the appropriate Government in this case.