MANAGEMENT OF MESSERS HOTEL SAMRAT Vs. GOVERNMENT OF NCT
HIGH COURT OF DELHI
HIRA SINGH,MANAGEMENT OF MESSERS HOTEL SAMRAT
GOVERNMENT OF NCT,MANAGEMENT OF MESSERS HOTEL SAMRAT
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SHIV NARAYAN DHINGRA, J. -
(1.) By this judgment, I shall dispose of the above two writ petitions.
(2.) Briefly, the facts are that the workman claimed that he along with one other workman Sapan Vishwas was working with the management as a Cook with effect from 25.9.1985 on daily wages basis. He was performing the same duty as other regular cooks, but was not being paid equal wages and other benefits of regular employees. Both made representation to the management for regularization but the management did not regularize them hence they raised industrial dispute about their regularization which was referred by the appropriate Government in following terms:
"Whether the workman S/Shri Hira Singh and Swapan Vishwas are entitled to be regularized and if so, what directions are necessary in this regard"
(3.) The management took the stand that the workman Sapan Vishwas was not reporting for duty since 24.12.1989 without any intimation and that he had abandoned the job. The dispute, as raised by the workman, was bad for want of valid espousal. The workman had no right to be regularized as the workman was appointed temporarily, on the respondent getting a contract of catering from Indian Airlines. When this contract comes to an end, the workman Hira Singh and other similarly placed workmen's services shall not be required. The Labour Court framed the following issues:
"1. Whether the cause of the workmen has been properly espoused" 2.Whether Sh. Swapan Vishwas, workman is absent from duty from 19.12.1989, as alleged in WS? 3.As per the terms of reference.";
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