LAJPAT RAI KHANNA Vs. NCT OF DELHI

JUDGEMENT

(1.) THE grievance of the petitioner is that the workman Ganesh was never employed by the petitioner who was carrying on business as a sole proprietor in the name of M/s. A. V. Industries, 212, Okhla Industrial Estate, Phase-III, New delhi-110020 and the award was passed against his brother Mr. P. D. Khanna who was also carrying on another business as a sole proprietor under the name of m/s. A. V. Industries from the same premises, however, the award is implemented against him though the respondent no. 3 was never employed by him.

(2.) THE learned counsel for the petitioner has drawn my attention to order dated 4th December, 2002 where the authorized representative of the management sh. Anand Jha had sought adjournment due to death of Sh. P. D. Khanna, owner of the management. The petitioner contends that Sh. Anand Jha was never appointed by him as an authorized representative. The petitioner also contends that his brother had shifted his business which was carried on by him under the name and style of m/s. A. V. Industries (P) Ltd in 1999 and under a family settlement the entire premises is under the possession of the petitioner who is carrying on business under the name and style of M/s A. V. Industries (P) Ltd where respondent no. 3 was never employed nor the award is passed against his business.

(3.) THE award dated 20th March, 2006 is passed against M/s A. V. Industries, 212, Okhla Industrial Estate, Phase-III, New Delhi-110020 without specifying as to who is the proprietor of the said firm pursuant to the claim filed by the respondent on 5th April, 1999.