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2023 Supreme(Del) 496

GAURANG KANTH
OMJI SRIVASTAVA – Appellant
Versus
PWD/CPWD – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sandeep Kumar Srivastava, Dinesh Kumar.
For the Respondents: Rishikesh Kumar, Aditya Raj.

JUDGMENT :

GAURANG KANTH, J.

1. The Petitioners/Workmen in the present writ Petition are assailing the impugned Award dated 18.09.2007 passed by the Presiding Officer, Industrial Tribunal-II, Karkadooma Courts in I.D. No. 81/2004 (“impugned award”).

2. Learned Labour Court, vide the impugned Award, was pleased to hold that there was no employer-employee relationship between the Petitioners/Workmen and Respondent No. 1/Management. Learned Labour Court further held that the cause of the Petitioners/Workmen has not been espoused by the union.

FACTS RELEVANT FOR THE CONSIDERATION OF THE PRESENT WRIT PETITION:

3. It is the case of the Petitioners/Workmen that they were working with Respondent No. 1/ Management from 1992, 1993 and 1998 onwards. It is their case that they were entitled for the enhanced salary, HRA, DA, washing of cloth allowance, cycle allowance, earned leave, casual leave, festival leave, Provident fund, ESI benefits, bonus and all other benefits at par with regular employees of Respondent No. 1/Management.

4. The appropriate Government referred the following industrial dispute to the learned Labour Court for adjudication:

    “Whether the workmen (1) Sh. Omji Srivastava, S/o Sh. B

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