GAURANG KANTH
Workman, Sh. N. K. Garg – Appellant
Versus
Management Of M/S Jai Prakash Associates Pvt. Ltd. – Respondent
JUDGMENT :
GAURANG KANTH, J.
1. The present petition filed under Article 226 of the Constitution of India emanates from the Award dated 04.07.2009 (‘impugned Award’) passed by the learned Presiding Officer, Labour Court No. V, Karkardooma Courts, Delhi in I.D. No. 537/2008. The learned Labour Court vide the impugned Award dated 04.07.2009 held that since the situs of the petitioner’s employment was in Vishakhapatnam at the time of his termination, Government of NCT of Delhi is not the ‘appropriate government? to make reference under Section 10 of The Industrial Disputes Act 1947 (‘ID Act’).
FACTS RELEVANT FOR THE ADJUDICATION OF THE PRESENT MATTER
2. The petitioner workman was appointed as a Clerk by the Respondent Company and was posted at Rishikesh, Uttarakhand. After the passage of one year from his initial appointment, he was transferred to Tehri Garhwal, Uttarakhand wherein he dispensed his duties for a period of 4 years. In the year 1982, he was again transferred to Vishakhapatnam, Andhra Pradesh. While he was working at the Vishakhapatnam office, on 09.07.1985, the petitioner was sent to Delhi for the purpose of receiving training in company accounts, and he was provided with an
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