TULIP I T SERVICES LTD Vs. SECRETARY

JUDGEMENT

(1.) NOBODY is present for the respondents. The petitioner M/s Tulip IT Services ltd. has filed the present writ petition against the award dated 24th November, 2004 in case titled M/s Tulip Software Ltd. Vs. Sh. Gaurav Kumar in ID No. 1/2000. By virtue of the aforesaid ex-parte award the learned Labour Court has held that the termination of the services of the respondent/workman w. e. f. 09. 4. 1999 as illegal and unjustified, and accordingly, it has directed the reinstatement with payment of full back wages and continuity of service. The petitioner feeling aggrieved by the aforesaid ex-parte award has preferred the present writ petition on the ground that although the award is against M/s Tulip Software Ltd. J-31, South Extension part-I, New Delhi but the recovery is sought to be made against M/s Tulip IT services Ltd. at C-160, Okhla Industrial Area, Phase-I, New Delhi.

(2.) I have heard the learned counsel for the petitioner and perused the record. The learned counsel for the petitioner has contended that the petitioner/company M/s Tulip IT Services Ltd. has obviously nothing to do with m/s Tulip Software Ltd. which was operating at J-31, South Extension, Part-I, new Delhi but the respondent /workman after filing his statement of claim against M/s Tulip Software Ltd. and obtaining an ex parte award against the said company has curiously filed an affidavit with the Secretary (Labour)intimating that the management of M/s Tulip Software has shifted its operation from J-31, South Extension, Part-I, New Delhi to C-160, Okhla Phase-I, New delhi and that is how the recovery notice has been issued to the petitioner while as the petitioner/company is under no obligation to implement the order.

(3.) I have considered the submissions made by the learned counsel for the petitioner and perused the record of the Labour Court as well as the pleadings in the instant case.