Delhi High Court
M/S National Institute Of Food ... vs Govt Of Nct Of Delhi And Anr. on 14 November, 2017
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Judgment: 14th November, 2017
+ W.P.(C) 11347/2016 and CM No. 44444/2016
M/S NATIONAL INSTITUTE OF FOOD
TECHNOLOGY ENTERPRENEURSHIP
AND MANAGEMENT (NIFTEM) ..... Petitioner
Through Mr. R. V. Sinha, Advocate
versus
GOVT OF NCT OF DELHI AND ANR. ..... Respondents
Through Mr. Sanjoy Ghose, ASC and
Mr. Rhishabh Jetley, Advocate for
R-1
Mr. Amit Sinha, Advocate for R-2
CORAM:
HON'BLE MR. JUSTICE CHANDER SHEKHAR
CHANDER SHEKHAR, J. (ORAL)
1. By this Writ Petition, the petitioner seeks quashing of the impugned
reference being order dated 06.05.2015 in File No. F-24(183)/Lab/
SD/2015/7890 passed by the Deputy Labour Commissioner, The
Government of National Capital Territory of Delhi, Labour Department,
Office of the Deputy Labour Commissioner (South District), whereby, the
learned Deputy Labour Commissioner has referred the dispute to the
Labour Court.
2. Learned Counsel for the petitioner submitted that the petitioner has
been set up by the Ministry of Food Processing Industries, Government of
India as an autonomous institute registered under Societies Registration
Act, 1860 on 19th May, 2010. Prior to this, i.e. in the month of August,
2007, its status was that of a company incorporated under the Companies
Act, 1956. At that time, its Registered Office was AMDA Building, 7/6,
Siri Fort Institutional Area, August Kranti Marg, New Delhi-110049. The
same was shifted to Plot No. 97, Sector-56, HSIIDC Industrial Estate,
Kundli, Sonepat-131028, Haryana, on 6th June, 2011 and since then it is
functional there only. Accordingly, all the employees including outsourced
ones were transferred to the Kundli Office and that there is no office of
petitioner at 208, Panchsheel Bhawan, August Kranti Marg, New Delhi-
110049 as specified in the impugned reference being order dated
06.05.2015.
3. Learned counsel also submitted that the Labour Court has failed to
take into consideration the question regarding territorial jurisdiction,
despite specifying the same in their oral and written submissions before the
Deputy Labour Commissioner.
4. He further submitted that if an opportunity is granted to move an
application for framing of an additional issue, the matter may be disposed
of.
5. Learned Additional Standing Counsel for respondent No.1/GNCTD
submitted that there is no bar for moving the said application before the
Labour Court, subject to pleadings in this respect.
6. Learned ASC also submitted that in case such an application for
framing of an additional issue is moved before the Labour Court regarding
the territorial jurisdiction, the same may be decided by the Labour Court on
merits.
7. In view of the submissions made by the learned counsels for the
parties, the present petition is disposed of with the direction to the parties to
appear before the Labour Court, with the liberty to the petitioner to move
an appropriate application for framing of an additional issue regarding the
territorial jurisdiction before the Labour Court and the same be decided as
per law. The interim order stands vacated. The Labour Court may decide
the same as per law after giving an opportunity of hearing to the parties.
8. It is informed by the parties that the case is fixed for tomorrow, i.e.
15.11.2017. The parties are directed to appear before the Labour Court on
the date already fixed. However, the petitioner is granted four weeks time
to move an appropriate application, to which no objection is raised by
learned counsels for the respondents.
9. The present petition is disposed of accordingly. Pending application
also stands disposed of. Labour court record be returned back.
10. Labour Court shall proceed further in accordance with law.
CHANDER SHEKHAR, J
NOVEMBER 14, 2017/b
