AMBUJA CEMENTS LTD. Vs. HEMA RAM

JUDGEMENT

(1.) The issue involved in the present petitions being common, they are decided vide this common judgment. The facts of S.B. Civil Writ Petition No. 13161/2022 are being taken into consideration for the purpose of adjudication.

(2.) The present writ petition has been preferred against the order dtd. 29/7/2022 (Annex. 8) passed by learned Industrial Disputes Tribunal cum Labour Court (hereinafter referred as 'the Labour Court') whereby application filed on behalf of the respondent workman under Sec. 36(3) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act of 1947') has been allowed and that under Sec. 36(1) filed on behalf of the petitioner Company has been rejected.

(3.) The brief facts of the case are that respondent-workman raised an industrial dispute on 2/1/2018 and when no settlement was arrived at, the Conciliation Officer issued a certificate under sec. 2A of Industrial Dispute Act, 1947 (hereinafter referred as 'The Act of 1947') to approach the Labour Court for adjudication of the said dispute. The statement of claim was filed by one Mr. Himmat Singh, representative of the workman and after service of notices, vakaltnama (P/A) dtd. 21/1/2019 by Advocate Mr. Nitin Ojha was filed on behalf of the employer-company.