MANAGEMENT OF SHRIRAM INSTITUTE FOR INDUSTRIAL RESEARCH Vs. SECRETARY LABOUR GOVERNMENT OF NCT OF DELHI

JUDGEMENT

(1.) THE management of Shriram Institute for Industrial Research, in this writ petition, seeks to assail an order dated 10. 07. 2006 passed by the Secretary (Labour) in the Government of NCT of Delhi referring the dispute raised by the respondent with regard to his termination from the service of the petitioner for adjudication to the Labour Court.

(2.) BRIEFLY stated the facts of the case relevant for the disposal of this writ petition are that the respondent has joined as Assistant Trainee- Technical grade 'a' with the petitioner management on 22. 08. 1988. He got several promotions from time to time and was working on the post of Scientist (Research project) on the date his services were terminated by the management of the petitioner w. e. f. 04. 03. 2002. He was aggrieved by his termination and had filed a Civil Suit being Civil Suit No. 873/2002, which was dismissed as not maintainable vide judgment and decree dated 25. 01. 2005 passed by the Court of Ms. Smita Garg, then Civil Judge, Delhi. The suit filed by the respondent to get his termination declared illegal was dismissed by the Civil Judge mainly on the ground that contract of personnel service is not enforceable in Civil Court in view of provisions contained in section 14 (1) (a) read with Section 41 (e) of the Specific Relief Act, 1963.

(3.) THE respondent aggrieved by the order of dismissal of his suit had filed an appeal being R. C. A. No. 25/2005 which was partly allowed vide judgment dated 06. 07. 2005 passed by the Court of Ms. Shail Jain, ADJ, Delhi. In the appeal order, it was observed that the question whether appellant is a 'workman' or not, is a point to be decided by the Labour Court. The respondent thereafter raised an industrial dispute with regard to his termination which was referred by the Government to the Labour Court for adjudication vide impugned order of reference dated 10. 07. 2006. The terms of reference are as under: