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IN THE HIGH COURT OF DELHI AT NEW DELHI
RENDU BHATNAGAR, J
AIR INDIA LIMITED – Appellant
Versus
AIRPORT EMPLOYEES UNION (REGD.) AND ANR – Respondent
| Table of Content |
|---|
| 1. challenge to tribunal’s dismissal of maintainability. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments highlighting legal infirmities in tribunal's ruling. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 3. respondent's defense of tribunal's maintainability assessment. (Para 20 , 21 , 22) |
| 4. court's evaluation of tribunal's reasoning and jurisdiction. (Para 27 , 28 , 30 , 31 , 32) |
| 5. court's ruling on remand for proper adjudication. (Para 36 , 37) |
| 6. conclusion of writ petition and direction for appearance. (Para 38 , 39) |
RENU BHATNAGAR, J.
1. The present writ petition under Articles 226 and 227 of the Constitution of India has been filed by the petitioner challenging the order dated 01.09.2015 passed by the Presiding Officer, Central Government Industrial Tribunal-cum-Labour Court-II, Karkardooma Courts, Delhi (hereinafter referred to as ‘Tribunal’) in LCA No. 10 of 2008, whereby the learned Tribunal dismissed the petitioner’s application assailing the maintainability of an application under Section 33C (2) of the Industrial Disputes Act, 1947 (hereinafter referred to as ‘ID Act’) filed by Respondent No.1, the Airport Employees Union.
2. The petitioner, Air I
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