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2004 Supreme(Del) 1093

SWATANTER KUMAR
SPORTS AUTHORITY OF INDIA – Appellant
Versus
SPORTS AUTHORITY OF INDIA KAMGAR UNION – Respondent


Advocates Appeared:
A.K.BAJPAI, Inderjeet Singh, Puneet Gupta

SWATANTER KUMAR, J.

( 1 ) S/shri Deepak Raj Mangal Singh and ramender Tiwari were engaged as groundsman on casual/daily rate basis during the period of November 1986 to April 1987. After October 1990 their engagement was not continued because of non-availability of work. These workmen raised an industrial dispute which was referred to the labour court by Delhi Administration vide its order of reference dated 27. 7. 1992. Having permitted the parties to complete their pleadings and lead evidence in support thereof vide its award shri K. S. Mohi, Presiding Officer, Labour Court, delhi vide award dated 24. 12. 2001 answered the reference in favour of the workers and consequently allowed reinstatement of all the three workers with full back wages and continued of service. The award was published by Labour Commissioner on 22. 7. 2002 and it became enforceable in terms of Section 17a of the Industrial Dispute Act, 1947 (hereinafter referred to as the "act") on 21. 8. 2002.

( 2 ) THE Sports Authority of India challenges the validity of the award amongst the others but mainly on the grounds - (a) Sports authority of India is not an industry within the definition of Section 2 (a) of the Act










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