TAJ SERVICES LIMITED Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) In this writ petition under Article 226 of the Constitution the challenge is to the reference made by the Delhi Administration under section 10(1) of the Industrial Disputes Act, 1947 referring the dispute to the Industrial Tribunal.

(2.) Briefly stated the facts are that, according to the petitioner, the company has a printing unit at NOIDA(U,P.). The workmen of the said unit raised a demand and proceedings commenced before the conciliation officer. Thereafter, an order was passed on 4th February, 1988 by the Labour Commissioner, Delhi, to the effect that reference of the dispute could not be made to the Industrial Tribunal as the printing division of the petitioner was located at NOIDA (Uttar Pradesh) and the Union Territory of Delhi was not empowered to adjudicate upon the matter. Subsequently the impugned order was passed on 28th March, 1989 whereby reference was made under Section 10(1) of the Industrial Disputes Act to the Industrial Tribunal. There were three terms of reference which were made.

(3.) The petitioner filed this writ petition challenging the jurisdiction of the Delhi Administration to make the reference. The contention of the petitioner is that the Delhi Administration is not the appropriate government which is competent to make a reference inasmuch as the workmen are employed at the printing unit at NOIDA, which is in the State of Uttar Pradesh. According to the petitioner, the registered office of the company is at Bombay, and the unit at NOIDA, was independent, having obtained an industrial licence in the State of Uttar Pradesh and also a separate Sales tax registration and E.S.I, number.