KESHAV CHAND & ORS vs M/S ASHOKA GEARS/ M/S ASHOKA MACHINES TOOLS CORPN & ANR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 13th May, 2025. Pronounced on: 30th May, 2025. + W.P.(C) 2636/2010 & CM APPL. 7346/2022 KESHAV CHAND & ORS .....Petitioner Through: Mr. Pulkit Prakash, Mr. Arjun Mohan, Ms. Arushi Sharma, Ms. Ankita Sinha, Advs. versus M/S ASHOKA GEARS/ M/S ASHOKA MACHINES TOOLS CORPN & ANR .....Respondents Through: Mr. Ajay Kumar, Mr. R.M. Tiwari, Advs. CORAM: HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANISH DAYAL, J. Factual Background 1. This petition has been filed for setting aside award dated 08th December 2009 (published on 28th January 2010) by the Labour Secretary, Government of NCT of Delhi. 2. The petition has been filed by 28 petitioners against M/s Ashoka Gears/Ashoka Machine Tools Corporation (Management). The petitioners Signature Not Verified Digitally Signed By:MANISH KUMAR W.P.(C) 2636/2010 1 of 15 Signing Date:31.05.2025 14:18:43 effectively pray for the dispute to be remanded back to the Labour Court for recording evidence of the remaining workmen and for cross-examination of the management witness with directions to pass an award. 3. An Industrial Dispute No.175/1994 had been referred to the Labour Court No. IX vide order (passed by the Government of NCT of Delhi) dated 12th August 1994. The same was disposed of by the impugned award. 4. When the case was taken up before the Labour Court, the Labour Court was situated at Tis Hazari and was later on shifted to Karkardooma. 5. The workmen appointed one, Sh. Satya Prakash, Advocate, as their Authorized Representative (‘AR’), to present their case. Since the Labour Court was transferred from Tis Hazari to Karkardooma, Sh. Prakash expressed his inability to pursue to the case at Karkardooma and stated that he did not have any junior staff to assist him. 6. The workme