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2007 Supreme(Del) 552

REKHA SHARMA
KANHAIYA LAL – Appellant
Versus
UOI – Respondent


Advocates Appeared:
Mukti Bodh, PARUL SHARMA, Tarun Sharma


REKHA SHARMA, J.

( 1 ) THIS writ petition is directed against the order passed by the labour Court " XVIII, Karkardooma Court, Delhi, dated 30th October, 2006. By virtue of the impugned order, the Labour Court has declined to go into the merits of the case, on the ground, that the petitioner " Kanhaiya Lal is employed with Rajghat Samadhi Committee which functions under the authority of the Central Government and, therefore, the appropriate authority who could make reference in relation to an industrial dispute raised by him was the Central government, whereas, the reference in his case was made by the Secretary (Labour), Government of NCT, Delhi.

( 2 ) IT appears that the Labour Court while holding as above, over-looked the provisions of Rule 2 (f) of the Industrial Disputes (Central) Rules, 1957, which reads as under:-

"in relation to an industrial dispute in a Union territory, for which the appropriate Government is the Central Government, reference to the Central government or the Government of India shall be construed as a reference to the administrator of the territory, and reference to the Chief Labour Commissioner (Central), Regional Labour Commissioner (Central) and the



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