Delhi High Court
Lumax Automotive Systems Ltd. vs Its Workmen Represented By ... on 20 January, 2012
Author: Pradeep Nandrajog
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 20th January, 2011
+ LPA 1057/2011
LUMAX AUTOMOTIVE SYSTEMS LTD ..... Appellant
Through: Mr.Rajinder Dhawan with
Mr.B.S. Rana, Advocates
versus
ITS WORKMEN REPRESENTED BY HINDUSTAN
ENGINEERING & GENERAL MAZDOOR UNION
& ORS ..... Respondents
Through: Mr.Atul Bandhu, Advocate
CORAM:
HON'BLE MR. JUSTICE PRADEEP NANDRAJOG
HON'BLE MS. JUSTICE PRATIBHA RANI
PRADEEP NANDRAJOG, J. (Oral)
CM No.22515/2011
42 days delay in filing the appeal is condoned.
CM No.22517/2011
Since appeal is being heard and disposed of today itself,
instant application which seeks stay of operation of the
impugned order is dismissed, being infructuous.
LPA No.1057/2011
1. Impugned order dated 19th September, 2011 requires the
appellant i.e. the writ petitioner before the learned Single Judge
to comply with Section 17-B of the ID Act, 1947.
2. The grievance of the appellant is that the „CD‟ which was
got prepared by the appellant through a private detective
agency shows that the two workmen i.e. respondent No.2 and
respondent No.3 are gainfully employed by way of self
employment, inasmuch as the two are running retail shops in
their village.
3. We had summoned respondents No.2 and 3 in Court,
requiring their presence on 22nd December, 2011. The order
passed on said date reads as under:
"1. Respondent Ishwar Singh and Krishan Kumar
are present in person. They are brothers and reside
in village Paharawal, District Rohtak (Haryana). On
being questioned, they inform that village Paharawal
is a small village having a population of about 1500
persons. They inform that total number of
households in village Paharawal is 250. They inform
that whereas the family of Krishan Kumar runs a
family retail shop from within the precincts of their
house and sell sweets and biscuits to the children of
the village, the family of Ishwar Singh has taken a
kiosk on rent just at the boundary of the village;
wherefrom sweets, biscuits etc. are sold to the
children of the village. They inform that depending
upon the availability, family members including they
sit at the shop and that the monthly income from the
shop does not exceed `1,000/-.
2. We have asked learned counsel for the
appellant whether the two brothers can be given
employment either at the Manesar unit or Faridabad
unit of the appellant. Learned counsel for the
appellant states that he would use his good offices
with his client to try and find the possibility of
employment for Ishwar Singh and Krishan Kumar.
3. Renotify on 20th January, 2012."
4. In view of the facts noted in the order dated December 22,
2011 it is apparent that small time petty business run by family
members of the respondents No.2 and 3, in which business the
said respondents participate on account of being jobless, would
not affect their right to the enforcement of Section 17-B of the
ID Act, 1947.
5. Learned counsel for the appellant relies upon the decision
reported as Niranjan Cinema v. Prakash Chandra Dubey and
another (2007) 14 SCC 349 to urge that gainful employment
would include self employment.
6. Having perused the said decision, all we have to say is,
that self employment would be gainful employment, if sufficient
income is generated through self employment. The measure of
sufficient income could be the minimum wages fixed under the
Minimum Wages Act.
7. Applying as aforesaid and reflecting upon the order dated
22nd December, 2011, it cannot be said that respondents No.2
and 3 are gainfully employed.
8. The appeal is accordingly dismissed.
9. With consent of the learned counsel for the litigating
parties, we refer the main dispute to the Mediation and
Conciliation Centre of the Delhi High Court. If a settlement is
arrived at, the same should be placed before the learned Single
Judge so that WP(C) No.7106/2009 filed by the appellant
challenging the award pronounced by Industrial Adjudicator can
be disposed of.
10. No costs.
11. Dasti.
PRADEEP NANDRAJOG, J
PRATIBHA RANI, J
JANUARY 20, 2012
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