SIYA RAM KUMAR vs P.O. & PROMOD KUMAR TYAGI

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 14.11.2025 Pronounced on:22.01.2026 + W.P.(C) 1117/2003 SIYA RAM KUMAR .....Petitioner Through: Mr. R. K. Saini, Advocate. versus P.O. & PROMOD KUMAR TYAGI AND ANR. ....Respondents Through: Mr. Jitesh Pandey, Mr. Aniket Singh, Mr. Chandan Singh and Mr. Naman Arora, Advs. for R- 2. CORAM: HON'BLE MS. JUSTICE RENU BHATNAGAR RENU BHATNAGAR, J. CM APPL. 6685/2005 1. The present application has been filed by the petitioner/management under Order XLVII Rule 1 read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter ‘CPC’), in W.P.(C) No. 1117 of 2003, seeking review of the order dated 16.09.2004 passed in CM. APPL. No. 4402 of 2003 on the respondent W.P.(C) 1117/2003 Page 1 of15 Signature Not Verified Signed By:PRIYADARSHANI JAIN Signing Date:23.01.2026 16:23:04 No. 2/workman’s application under Section 17B of the Industrial Disputes Act, 1947 (hereinafter ‘ID Act’) as also for consequential directions. 2. Before adverting to the application under Section 17B of the ID Act, this Court deems it appropriate to first lay down the facts for adjudication. 3. The petitioner is a private limited company engaged in the business of manufacturing and sale/purchase of automobile and tractor parts. Respondent No. 2 was appointed as a Turner under the Petitioner vide appointment letter dated 01.09.1984 issued by the Petitioner. 4. Vide letter dated 24.10.1997, the petitioner ordered the transfer of respondent No. 2 from Kirti Nagar, New Delhi to another factory of the petitioner which was situated at Dundahera, Gurgaon w.e.f. 01.11.1997. The workman submitted that he raised an objection against his transfer and also sent a legal demand notice dated 12.11.1997. 5. Thereafter, respondent No. 2 raised an industrial dispute