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2002 Supreme(SC) 469

D.P.MOHAPATRA, BRIJESH KUMAR
Sharad Kumar – Appellant
Versus
Government Of Nct Of Delhi – Respondent


JUDGMENT

D.P. Mohapatra, J.-Leave granted.

2. This appeal filed by the employee is directed against the order dated 10.7.2000 of the Delhi High Court declining to interfere with the order of the Government of National Capital Territory of Delhi (NCT of Delhi) refusing to refer the dispute raised by the appellant to the Industrial Tribunal/Labour Court on the sole ground that he is not a "workman within the meaning of section 2(s) of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act ).

3. The factual backdrop of the case relevant for appreciating the questions raised in the case may be stated thus ;

The appellant was holding the post of Area Sales Executive when his service was terminated vide the order dated 29.12.1995. The order was communicated to him on 28.12.l995. No show cause notice was served nor any enquiry was held before the order terminating appellant s service was passed. However, one month s salary was sent to him along with the termination letter. The appellant questioned the legality and validity of the order of termination of service. The matter was taken up for conciliation. The Conciliation Officer submitted a failure report to the State Gov






























































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