LAWS(DLH)-2018-4-240

KISHAN VISHWAKARMA & TWO OTHERS Vs. GULSHAN ENGINEERING WORKS THROUGH ITS PARTNERS MEHARUNISHA AND VILAL HAJI

Decided On April 20, 2018
Kishan Vishwakarma And Two Others Appellant
V/S
Gulshan Engineering Works Through Its Partners Meharunisha And Vilal Haji Respondents

JUDGEMENT

(1.) The petitioners have filed the present petition under Articles 226 and 227 of the Constitution of India, with a prayer to set aside or modify the Award dated 14.01.2011 passed by the Presiding Officer, Labour Court XVI, Karkardooma Courts, Delhi (in short, called 'the Labour Court') in ID No.718/06/03. The Government of National Capital Territory of Delhi through its Secretary (Labour), vide reference No.F-24(4705)/2002/Lab./ 798-802 dated 31.03.2003 referred the dispute between the Management of the respondent and its workmen, to the Labour Court for adjudication, in the following terms of reference:

(2.) It is pertinent to mention here that the Labour Court has passed the impugned Award in respect of five workmen including the petitioners herein, whereas the impugned Award has been challenged by three workmen, i.e., the petitioners before this Court. Thus, this Court is considering the impugned Award in respect of these petitioners/workmen only.

(3.) The claim of the workmen including the petitioners herein and the written statement of the Management, as verbatim noticed by the Labour Court, are as follow:-