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2003 Supreme(Del) 645

MUKUL MUDGAL
HOTEL WORKERS UNION (REGD. ) – Appellant
Versus
GOVERNMENT OF NCT OF DELHI – Respondent


Advocates Appeared:
AVINISH AHLAVAT, S.D.SHARMA

MUKUL MUDGAL

( 1 ) THIS writ petition by the workman challenges the Orders dated 31st December, 1998; 28th May, 1999/1st June, 1999; 18th January, 2000 and 22nd March, 2000 and further seeks reference under Section 10 (1) of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act) of a dispute, raised by the petitioner No. 2/workman.

( 2 ) THE petitioner No. 2/workman claimed to work continuously in Punjab Bhawan, Delhi for more than 3 years and upon his termination of services and rejection of the demand notice dated 4th October, 1996, sought to raise an industrial dispute under Section 12 of the Act. On 31st December, 1998, 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 was dismissed by the Order dated 28th May, 1999/1st June, 1999 on the same grounds as noticed in the Order dated 31st December, 1998.

( 3 ) BY the Order dated 31st December, 1998, review of which was dismissed on 28th May, 1999/1st June, 1999 by the impugned order, the Secretary (Labour), Govt. of N











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