DINESH PAL Vs. GNCT OF DELHI AND ANR

JUDGEMENT

(1.) This writ petition impugns an award dated, 19th February, 2018, passed by the Labour Court, on an application filed by the petitioner under Section 37-C (ii) of the Industrial Disputes Act, 1947 (hereinafter referred to as "the ID Act"). The petitioner had, in the said application, sought recovery of Rs. 1,67,592/- from Respondent No. 3.

(2.) The facts, as set out in the impugned award, disclose that, in September, 2012, Respondent No. 3 had awarded, to the petitioner, a contract of white washing the premises at Flat No. 83, Udyog Vihar, Phase-VI, Sector-37, Gurgaon, Haryana. It is admitted, by the petitioner, in his statement of claim, that, pursuant to the said contract, he had employed eight employees, who had carried out the work of white washing purportedly to the entire satisfaction of Respondent No.3. Asserting that, despite the said work having been carried out, payment had not been paid by Respondent No. 3 in accordance with the contract, an application, under Section 37-C (2) of the ID Act was moved by the petitioner, before the Labour Court.

(3.) Respondent No. 3, responding to the claim of the petitioner, steadfastly denied having appointed the petitioner for any kind of work. An objection of territorial jurisdiction was also taken on the ground that the work was carried out outside the territorial jurisdiction of the Delhi Court at Gurgaon.