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2024 Supreme(Online)(DEL) 10920

HIGH COURT OF DELHI
KANCHANJUNGA BUILDING EMPLOYEES UNION – Appellant
Versus
KANCHANJUNGA FLAT OWNER'S SOCIETY & ANR – Respondent


ORDER

CHANDRA DHARI SINGH, J (Oral)

1. The instant petition under Article 226 of the Constitution of India has been filed on behalf of the petitioner seeking the following reliefs:

“a. issue a writ in the nature of certiorari for quashing the award dated 29.5.2008 passed by the Presiding Officer, Industrial Tribunal No. 1, Karkardooma Courts in I. D. No.

61/2002;

b. the Petitioners services may be regularized.

c. issue such other writ, order and direction, as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.”

2. The relevant facts leading to the filing of the instant petition are as under:

a. The building, namely Kanchanjunga was constructed in the year 1972 by its promoters M/s Kailash Nath & Associates which had engaged some persons to look after the security of the building maintenance and cleaning of the common area of the building and lift etc.

b. After some time, M/s Kailash Nath & Associates stopped the above said engagement and requested the flat owners to look after the same. Accordingly, in February, 1978, the flat owners formed an association known as Kanchanjanga Flat Owners Association (hereinafter “Association”), i.e., the respondent no. 1,

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