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1999 Supreme(Del) 65

MUKUL MUDGAL
GENERAL SECRETARY,DELHI MAZDOOR SANGH – Appellant
Versus
MANAGEMENT OF INDIAN AIRLINES – Respondent


Advocates Appeared:
MOHINDER NATH DUDEJA, MUKUL ROHTAGI, Naresh Kaushik

Mukul Mudgal

( 1 ) THIS petition on behalf of the Employees Unions challenges the order dated 3rd August, 1983, by which the Ministry of Labour and Rehabilitation declined to refer the dispute raised by the petitioner Union for adjudication. The order declining the reference is in the following terms : In continuation of this Ministry s letter of even number dated the 3rd November, 1982, on the above subject I am directed to say that the Central Government has decided not to refer the dispute for adjudication for management of Indian Airlines and were engaged by the contractor? And getting their wages only through them. "

( 2 ) THE petitioner Union had raised the dispute that they were the employees of Indian Airlines and wages similar to those paid to the other employees of the Indian Airlines be paid to them. This eventually lead to the termination of the services of the concerned employee and seeking of a reference by them from the Ministry of Labour leading to the impugned order dated 23rd August 1983, extracted hereinabove.

( 3 ) LEARNED Counsel for the petitioner has relied upon a judgment reported as Ram Avtar Shanna and Others v. State of Haryana and Another, (1985)3 SCC 189,








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