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2019 Supreme(Del) 2350

J.R.MIDHA
Nitya Nand Sinha – Appellant
Versus
HL Promoters Private Limited – Respondent


Advocates Appeared:
For the Petitioner:Mr. Bankey Bihari, Mr. Birendra Bikram, Advocates.
For the Respondents:Mr. Neeraj Malhotra, Senior Advocate with Mr. Saifur R. Faridi and Ms. Cassandra Zosangliani, Ms. Barnali Basak, Advocate.

JUDGMENT :

1. The petitioner has challenged the order dated 31st May, 2018 whereby the learned Labour Court rejected the statement of claim of the petitioner.

2. The petitioner raised an industrial dispute against the respondents on the averments that he was in the permanent and continuous employment of the respondent since 01st December, 2014; he was designated as a General Manager but he never performed managerial, supervisory and administrative nature of duties during his tenure; the primary, basic and dominant nature of duties of the workman were to generate regular reports; preparation of sketches; preparing “Request for quotation” with drawings to call the contractors to get quotations and then preparing comparative statement, analysis of rates; preparing “Note for record” for approval, preparing “Letter of Intent”; preparing contractor’s agreement technical portion of approval and submitting the same to his superior, Mr. Sanjeev Suri, Regional Head of Engineering; taking of measurements at site and other miscellaneous jobs; the workman was never authorized to take any independent decision and there was no subordinate staff working under him; the workman during his tenure of se

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