Municipal Employees' Union vs Secretary (Labour), Govt. Of ...
1999 Latest Caselaw 833 Del

JUDGMENT

A.K. Sikri, J.

1. Petitioner had raised industrial dispute by filing claim with the office of the Labour Commissioner, Delhi claiming appointment on compassionate basis, which was denied by the MCD. Respondent No. 1 has rejected the reference vide order dated 15th June, 1998 on the ground that petitioner was not a workman as defined in Section 2(s) of the Industrial Disputes Act, 1947. The present writ petition has been filed challenging this order of respondent No. 1 dated 15th June, 1998. An identical question came up for consideration in this Court in the case of Delhi Municipal Workers Union (Regd.) v. Management of MCD and Ors., CWP No. 2840/97 decided on 26.11.1998 and in the case of Municipal Employees Union v. The Secretary (Labour) and Anr., CWP No. 4024/97 decided on 3.8.1999 and it is held in the aforesaid judgments that the expression "person" appearing in Section 2(k) of the Industrial Disputes Act defining "Industrial Dispute is wide enough to commission such persons."

2. The writ petition is, accordingly, allowed and impugned order dated 15th June, 1998 declining to make reference is hereby set aside. Direction is issued to respondent No. 1 to make reference of the dispute for adjudication within a period of 8 weeks from the date of receipt of a copy of this order.

There is no order as to costs.