MSP ENTERPRISES PVT LTD Vs. SAPNA

JUDGEMENT

(1.) THIS order of mine shall dispose of 7 writ petitions bearing CWP Nos.16676, 16725, 16730, 16742, 16747, 16748 and 16870 of 2013, as the question of law and facts involved are same. For the sake of convenience, the facts are being taken from CWP No.16676 of 2013.

(2.) CHALLENGE in the present writ petitions is to the Award dated 26.02.2013 passed by the Presiding Officer, Industrial Tribunalcum -Labour Court -I, Gurgaon (Haryana), whereby the workman have been held entitled to reinstatement with continuity of service and back wages to the extent of 40% on the basis of last drawn salary.

(3.) MR . K.B.Raheja, learned counsel for the petitioners submits that the petitioner -Company was originally incorporated as P.I. Foods Private Limited on 09.01.2004 and subsequently its name was changed to PI Apparels Private Limited and further changed to MSP Enterprises Private Limited vide notification No.G.S.R.507/(E) dated 24.06.1985 vide SRN BB28641454 dated 10.01.2012. A copy of the notification has been annexed as Annexure P -1. Respondent No.1 raised industrial dispute on the ground that she was working with the Company as Hand Worker w.e.f. 2.1.2008, but her services were terminated on 24.04.2009 and after raising reference, the matter was referred to the Labour Court and the Labour Court has decided the reference in favour of the workman and the Management was proceeded ex -parte. He further submits that as per notice sent by the Labour Court, name of one P.I. Industries Limited was mentioned which is not having concern or relation with the petitioner. A copy of the notice has been annexed as Annexure P -6. In response to such notice, the said PI Industries Ltd. moved an application vide reference No.142/2000 dated17.08.2010 (Annexure P -7), stating therein that it had no connection with the alleged claim of workman despite that the said application was contested by the workman. The Labour Court vide order dated 25.07.2012, accepted the application by holding that notice was wrongly issued to the Company because of similarity in the name and the notice issued to the company, was, ordered to be recalled and the workman was directed to file all relevant documents relating to PI Apparels Pvt. Ltd. on 18.09.2012. The order dated 25.07.2012 (Annexure P -11) reads thus: -