Back
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
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 of service. Vide the consequential order dated 04.06.2025 (“Impugned Order”) passed by the learned Central Government Industrial Tribunal cum Labour Court No. II, New Delhi (“CGIT”), the Petitioner’s application/s seeking amendment of its written statement before the learned CGIT, had been dismissed. The aforesaid Impugned References and Impugned Order have been assailed by way of the present petitions.
2. The core grievance of the Petitioner is that the workmen of the Respondent No.1 Association were never employed by DIAL, but by the Respond
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.
A significant delay in raising an industrial dispute can render it stale, even in the absence of a statutory limitation period.
The main legal point established in the judgment is that a dispute under the Industrial Disputes Act can only be considered a dispute if a specific demand has been made by the workmen, and any refere....
The court upheld the validity of a reference order made under the Industrial Disputes Act, emphasizing the administrative nature of such references and allowing the Tribunal to adjudicate claims from....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
