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1999 Supreme(Del) 1078

MANAGEMENT OF HORTICULTURE DEPARTMENT OF DELHI ADMINISTRATION – Appellant
Versus
TRILOK CHAND – Respondent


Advocates Appeared:
Anil Grover, RAJIV AGRAWAL

A. K. Sikri

( 1 ) A common question of law arises in all these petitions. Petitioner in all these petitions is same. These petitions are filed by the management of Horticul- ture Department, Delhi Administration through its Development Commissioner. In all these cases reference was made to the Labour Courts for adjudication regarding the legality and Justifiability of the termination of the services of workman - respondent No. 1 in each petition. y the impugned awards which are pronounced on different dates by different Labour Courts it is held that the termination of the services of the coupcerned workmen is illegal and it was also held that the concerned workmen are entitled to reinstatement with continuity in service and full back wages. The awards are not challenged on merits and in all these cases two legal submissions are Piade by the petitioner which are as follows :

(1) That Horticulture Department is not "industry" within the meaning of Section 2 (j) of the Industrial Disputes Act (hereinafter referred to as the Act, for short) and therefore reference to the Labour Court for adjudication and consequently the award given by the Labour-Court is null, void and without jurisdict
































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