DELHI HIGH COURT
PRATHIBA M.SINGH
Sapna – Appellant
Versus
Government of India – Respondent
| Table of Content |
|---|
| 1. challenge to ministry's order based on jurisdiction. (Para 2 , 3 , 4) |
| 2. parties' arguments on 'industry' definition. (Para 5 , 6) |
| 3. court's analysis of reference authority. (Para 7 , 8 , 9 , 10) |
| 4. impugned order's validity regarding sovereign functions. (Para 11) |
| 5. conclusion directing reference to labour court. (Para 12 , 13 , 14) |
JUDGMENT
Prathiba M. Singh, J. (Oral)--This hearing has been done through video conferencing.
2. The Petitioner in the present petition has challenged the impugned order dated 10th June, 2019, passed by the Section Officer, Ministry of Labour, Government of India, by which it has been held that an industrial dispute of a contractual employee working with the Ministry of Labour is not covered under the Industrial Disputes Act, 1947 (hereinafter, "ID Act"), as the Ministry of Labour, executing a sovereign function for the Union of India is not an "industry" under the ID Act. The reference moved by the Petitioner, under Section 10 of the ID Act, has been rejected by the Respondent in the following terms:
"Sir,
I am directed to refer to the Failure of Conciliation Report No. ALC-III/8(95)17 dated 01/03/2018 from the ALC(Delhi) received in t
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