Shri Rajan Nair vs M/S Krishnan Associates (P) ...
2009 Latest Caselaw 3385 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI

+            W.P.(C.) No. 4714/2004 & C.M. No. 12725/2005

%                  Date of Decision: 26th August, 2009


# SHRI RAJAN NAIR
                                                    ..... PETITIONER
!                  Through: Ms. R.K. Tripathi, Advocate.

                                    VERSUS

$ M/S KRISHNAN ASSOCIATES (P) LTD.
                                                 .....RESPONDENT

^                  Through: Mr. Jagat Arora, Advocate.


CORAM:
Hon'ble MR. JUSTICE S.N. AGGARWAL

1. Whether reporters of Local paper may be allowed to see the judgment? NO

2. To be referred to the reporter or not?NO

3. Whether the judgment should be reported in the Digest?NO

S.N.AGGARWAL, J (ORAL) The workman Mr. Rajan Nair, in this writ petition, is aggrieved by an

award dated 06.10.2003 in ID No. 33/1987 passed by the Industrial

Adjudicator dismissing his claim for reinstatement and back wages for

want of territorial jurisdiction.

2 The petitioner was appointed as Quality Control Inspector with the

management of the respondent w.e.f. 08.10.1983. The registered office

of the respondent was in Delhi and it had its factory at Noida. The

appointment of the petitioner was for the factory of the respondent at

Noida. The petitioner was allegedly terminated by the respondent w.e.f.

28.03.1986. The factory of the respondent at Noida was closed down on

30.11.1985. The petitioner in his statement of claim filed before the

Labour Court has alleged that before his services were terminated by the

respondent w.e.f. 28.03.1986, he was asked by the management of the

respondent to go and report for duty with M/s Prima Engineering at

Faridabad and was insisting on the petitioner to put up his paper for

resignation. Since the petitioner did not agree with the proposal of the

management of the respondent for putting up his paper for resignation,

his services were allegedly terminated by the respondent w.e.f.

28.03.1986. The petitioner aggrieved by his termination had raised an

industrial dispute which was referred by the appropriate Government in

Delhi for adjudication to the Labour Court. The Labour Court vide its

impugned award has dismissed the reference made to it for want of

territorial jurisdiction.

3 Mr. R.K. Tripathi, learned counsel appearing on behalf of the

petitioner contends that the appointment letter as well as termination

letter were both issued to the petitioner by the respondent from its

registered office at Delhi. Learned counsel appearing on behalf of the

petitioner has further submitted that the petitioner was even drawing his

salary from the respondent in Delhi. The petitioner has produced

evidence to prove both these facts mentioned above before the Labour

Court but strangely enough, the Labour Court has not considered the

evidence on this aspect produced by the petitioner while dismissing the

reference for want of territorial jurisdiction. These are important aspects

of the matter to decide the question of territorial jurisdiction for

entertaining an industrial dispute raised by a workman. In the considered

opinion of this Court, the impugned award of the court below suffers from

perversity as it has failed to take into account the fact that the petitioner

was appointed by the respondent from its registered office at Delhi and

that his services were also terminated from Delhi and further that he was

getting his salary from Delhi though he was working at Noida.

4 For the foregoing reasons, the impugned award is set aside. This

writ petition is allowed. The case is remanded back to the concerned

Labour Court/successor court for adjudication of the claim of the

petitioner on merits after giving an opportunity of hearing to both the

parties as per law. The Labour Court is directed to decide the dispute

between the parties as expeditiously as possible preferable within eight

months from today. The parties are directed to appear before the

concerned Labour Court/successor court for directions at 02:00 PM on

10.09.2009. This writ petition stands disposed of accordingly.

A copy of this order be sent to the concerned Labour

Court/successor court for information and necessary compliance

forthwith.

AUGUST 26, 2009                                                S.N.AGGARWAL, J
'a'