( 1 ) BY this writ petition, the petitioner has assailed the validity of award dated 31. 1. 2002 of Labour Court-III, Karkardooma, Delhi.

( 2 ) BRIEFLY, the facts are that the petitioner made an application under Section 33 C (2) of Industrial Disputes Act claiming an amount of rs. 1,02,451/- from the respondent based on an award dated 14. 12. 1989 passed by labour Court-VII, Tis Hazari, management whereby he was directed to be reinstated with full back wages and continuity. The management had not reinstated him despite the award, therefore, he claimed entire back wages, damages in lieu of quarters @ Rs. 150/- p. m. for the entire period.

( 3 ) THE claim was contested by the respondent, respondent's plea was that the application was not maintainable because petitioner was not a workman since the respondent was not an industry. It was contended that petitioner was working as a part-time chowkidar with the Hostel Mess Committee.

( 4 ) THE Tribunal observed that in view of judgment of Supreme Court in case of 'management of Som Vihar Apartment Owners' Housing Maintenance society Ltd. v. Workmen (2002) 9 SSC 652,' the petitioner could not be termed as a workman. Tribunal also observ

Click Here to Read the rest of this document