S N TIWARI Vs. GOVT OF NCT DELHI

JUDGEMENT

(1.) THE petitioner in this writ petition seeks to challenge an award dated 28. 03. 2007 passed by the Industrial Adjudicator granting no relief to him for the alleged termination of his services by the respondent w. e. f. 01. 07. 2000.

(2.) THE management of the respondent had contested the claim of the petitioner for reinstatement broadly on two grounds, one that he himself had abandoned the service of the respondent when he was transferred from DMRC Project site to the head Office of the management w. e. f. 02. 04. 2000 and the second ground on which the claim was contested was that there was no industrial dispute between the parties as the petitioner did not make any demand for his reinstatement before approaching the Conciliation Officer with regard to his alleged termination. The management of the respondent in its written statement filed before the Labour Court also took a plea that the petitioner had failed to join duties despite he was asked to join duties by the management of the respondent vide its letter dated 24. 11. 2000. The petitioner in fact gave a reply to the said letter of the management dated 24. 11. 2000 and in his reply also, he did not raise a dispute with regard to his alleged termination and confine his claim only for unpaid salary during the period he had worked with the respondent.

(3.) THE Labour Court in its impugned award has relied upon a judgment of the Supreme Court in Sindhu Resettlement Corporation ltd. Vs. Industrial Tribunal of Gujarat AIR (1968) SC 529 and also upon two judgments of this Court, one of Division Bench in Fedders Loyed Corporation Vs. Lt. Governor of Delhi and other of Single Bench in Nagender Sharma Vs. Management of M/s Rajasthan Timbers Corporation, ILR (2006) 1 Delhi 1030 and on the strength of these three judgments, it was held that since the petitioner had not made a demand for his reinstatement prior to filing of claim for his reinstatement before the Conciliation Officer, industrial dispute between the parties does not exist.