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2007 DAILYLAW 2402 (DEL)

INDER KRISHAN v. HMT WATCHES LTD.

2007-09-25

Hima Kohli

body2007
HIMA KOHLI, J. ( 1 ) RULE. ( 2 ) WITH the consent of counsels for the the parties, the matter is being disposed of finally. ( 3 ) IN the present writ petition, the petitioner has assailed the award dated 27. 4. 2005, passed by the Labour Court in ID NO. 6/2001. The main ground taken in the impugned order, for refusing to entertain the claim petition is that the respondent/ HMT is a Government of India undertaking, having its headquarter at Bangalore and therefore, the appropriate Government in such a matter would not be the Government of NCT of Delhi, but the CGIT and the labour Court did not have the jurisdiction to adjudicate the dispute referred to it. ( 4 ) THE petitioner submits that the ground on which the Labour Court refused to exercise its jurisdiction in the present case was misconceived, inasmuch as the notification issued by the Ministry of Labour, Government of india dated 3. 7. 1998, included the Hindustan Machinery Tools Ltd, Bangalore at item no. 37, in the Schedule and provided as under:- "s. O. 556 (E)- In exercise of the powers conferred by Section 39 of the industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby directs that all the powers exercisable by it under that Act and the rules made thereunder shall, in relation to all the Central Public Sector Undertakings and their subsidiaries, Corporations and autonomous bodies specified in schedule annexed to this Notification be exercisable also by the state Governments subject to the condition that the Central Government shall exercise all the powers under the said Act and Rules made thereunder as and when it considers necessary to do so. " ( 5 ) THE aforesaid position is also admitted by the respondent no. 4/uoi in its counter affidavit. In this view of the matter, the impugned order dated 27. 4. 2005, is set aside and the parties are directed to appear before the Presiding Officer, Labour Court VII on 22. 10. 2007, for further proceedings. ( 6 ) THE Industrial Adjudicator shall deal with the matter from the stage at which it was left before passing of the impugned order. A copy of this order be forwarded to the Presiding Officer, VII, Karkardooma Courts, Delhi, for information. No order as to costs.