RAJ KUMAR JAISWAL Vs. RANGI INTERNATIONAL PVT LTD

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India is preferred by the petitioner/workman with respect to the order dated 22nd march, 2007 of the Presiding Officer, Labour Court-XVI, Karkardooma courts, Delhi. Vide the impugned order, the additional issue relating to the territorial jurisdiction of the Labour Court to entertain and try the case was decided in favour of the respondent/management and against the petitioner/workman.

(2.) THE undisputed facts are that the petitioner was employed with the respondent company since 4th November, 1997. The respondent company at the time of employment of the petitioner as well as till date has its registered office at Delhi. The petitioner was on 23rd April, 2003 transferred to the works of the respondent company at Gurgaon and it is the case of the petitioner that with effect from 7th June, 2004, the respondent company refused work to the petitioner. The case of the respondent is that the petitioner did not report for duty. The petitioner first initiated conciliation under the provisions of Industrial Disputes Act and upon the conciliation having failed, the Labour Commissioner, Delhi made a reference to the government of NCT of Delhi, which referred the dispute to the Labour Court at Delhi which initiated proceedings.

(3.) IT appears that after the intimation of proceedings and after the issues had been framed, the respondent/management applied for framing of an additional issue as under: whether this Court has territorial jurisdiction to entertain and try the present case or not?