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2003 Supreme(Del) 646

MUKUL MUDGAL
ALL INDIA AND GENERAL MAZDOOR UNION – Appellant
Versus
GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI – Respondent


Advocates Appeared:
AVINISH AHLAVAT, MAHESH SRIVASTAV, PANKAJ SRIVASTAV

MUKUL MUDGAL

( 1 ) THIS writ petition by the workmen challenges the Order dated 27th August, 1997, declining reference of a dispute by the Secretary, Labour, NCT, Delhi and the review order dated 27th January, 1998. The writ petition further seeks reference of the dispute as to termination under Section 10 (1) of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act ).

( 2 ) THE 3 petitioners claimed to work continuously in Punjab Bhawan, Delhi for 5, 4 and 2 years respectively and upon their termination of services and rejection of the demand notice dated 5th April, 1996, sought to raise an industrial dispute under Section 12 of the Act. On 27th August, 1997, an order was passed by the Secretary (Labour), Government of NCT of Delhi that the dispute cannot be referred as the Punjab Bhawan activities did not constitute "industry" within the meaning of Section 2 (j) of the Act and the review against this order inter-alia for the reason that a similar dispute in case of one Swami Nath had already been referred was dismissed by the order dated 27th January, 1998 on the grounds that in Swami Nath s case the State at the stage of the reference has not taken the plea that P











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