DEEPAK KUMAR SHARMA Vs. DOMINOS PIZZA LTD

JUDGEMENT

(1.) THE petitioner in the instant writ petition has challenged the interlocutory order passed by the learned Labour Court No. I in LCA no. 81/2004 in case titled Mr. Deepak Sharma Vs. M/s Domino's pizza India Ltd.

(2.) BY virtue of the aforesaid order, the learned Labour Court has dismissed the application of the claimant/petitioner seeking framing of issues and adducing of evidence before deciding the said petition. The facts of the case relevant to decide the issue are that the petitioner filed a petition under Section 33-C (2) of the Industrial Disputes Act, 1947 wherein he claimed that he was working with the respondent/management from 26th June, 1997 and his monthly salary was Rs. 5804/ -. It was alleged by him that his services were terminated on 12th August, 2004 without compliance of the provisions of Section 25-N of the Industrial Disputes Act, 1947, and therefore, the said termination was void ab initio. Accordingly, the petitioner has filed the petition claiming his salary from the date of termination i. e. 12th August, 2004 till the date of filing of the petition along with interest @ 18%. The respondent filed its written statement and took objection regarding the maintainability of the petition itself on the ground that there is no pre-existing right or claim of the petitioner after the termination of the service which could be granted to him in exercise of powers by the Court under Section 33 C (2) of the industrial Disputes Act, 1947. It was further stated that the Hon'ble supreme Court in the case titled Municipal Corporation of Delhi Vs. Ganesh Razak and Anr. 1995 LAB I. C. 330 has specifically laid down that claim for entitlement of workmen to certain benefit cannot be granted under Section 33 C (2) of the Industrial Disputes Act, 1947 if there is no pre-existing right or recognition of a money claim.

(3.) I have heard the learned counsel for the parties and perused the record.