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IN THE HIGH COURT OF DELHI AT NEW DELHI
SACHIN DATTA
Delhi International Airport Limited – Appellant
Versus
Cambata Aviation Workers Association Through Mr Ramesh Gupta – Respondent
| Table of Content |
|---|
| 1. challenge to industrial dispute legitimacy (Para 1 , 2 , 3 , 4) |
| 2. employment and contractual relationships (Para 5 , 6 , 7 , 8 , 10 , 11 , 12 , 13 , 14 , 15) |
| 3. petitioner's arguments against references and orders (Para 20 , 21 , 22 , 23 , 24) |
| 4. respondents' claims of unfair labor practices (Para 25 , 26 , 27 , 28) |
| 5. court’s limited jurisdiction under article 226 (Para 29 , 30 , 31 , 32 , 33) |
| 6. amendment application objections and considerations (Para 34 , 35 , 36 , 37 , 40 , 41) |
| 7. final dismissal of petitions (Para 49 , 50) |
JUDGMENT :
SACHIN DATTA, J.
1. The present petitions have been filed by the Petitioner, Delhi International Airport Limited (“DIAL”), under Article 226 of the Constitution of India, assailing References dated 04.08.2017, 24.08.2018 and 01.04.2019 (“Impugned References”) in W.P.(C) Nos. 14304/2025, 15908/2025 and 15923/2025 respectively, issued by the Central Government under Section 10 of the Industrial Disputes Act, 1947 (“ID Act”), whereby the industrial dispute raised by the Respondent No.1 Association/ Cambata Aviation Workers Association has been entertained and directions have been issued for consideration of reinstatement and continuity
The court affirmed that references of industrial disputes by the government require a prima facie satisfaction that a dispute exists, and amendments to pleadings after trial commencement are restrict....
Point of Law- Law does not prescribe any time-limit for the appropriate Government to exercise its powers under Section 10 of the Act. It is not that this power can be exercised at any point of time ....
Point of Law- Termination of service - Reinstatement - while contesting the reference it is open to a party to raise pleadings that what was referred for adjudication was not an industrial dispute at....
A dispute between a principal employer and contractors' workers does not constitute a valid industrial dispute under Section 2(k) of the Industrial Disputes Act, 1947, due to the absence of an employ....
The existence of an industrial dispute at the time of Reference is essential, and delay in raising the dispute does not extinguish it.
Point of Law - There is no embargo on the writ Court to quash a wholly inappropriate or undesirable or invalid reference order, in case no industrial dispute exists.
The Tribunal lacks jurisdiction to summon a party not originally involved in the reference, and any notice issued under such circumstances is invalid.
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