RAJESHWAR DAYAL AGGARWAL vs M/S ENICAR MACHINE (INDIA)

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 12.02.2026 Date of decision: 11.05.2026 Uploaded on: 11.05.2026 + W.P.(C) 9849/2016 RAJESHWAR DAYAL AGGARWAL .....Petitioner Through: Mr. Triloki Pandit, Adv. versus M/S ENICAR MACHINE (INDIA) .....Respondent Through: Ms. Diya Kapur, Sr. Adv. with Mr. Aditya Ladha, Mr. Naibedya Dash, Advs. CORAM: HON'BLE MS. JUSTICE SHAIL JAIN JUDGMENT SHAIL JAIN, J. 1. The present writ petition has been filed under Article 226 of the Constitution of India by the Petitioner/workman assailing the Award dated 03.07.2015 passed by the learned Presiding Officer, Labour Court-XIX, Karkardooma Courts, Delhi in LIR No. 30/2012, whereby the learned Labour Court held that the Government of NCT of Delhi was not the “appropriate Government” for making the reference and consequently held the claim of the Petitioner/workman to be not maintainable before the Labour Court at Delhi. Signature Not Verified Signed By:KAPIL W.P.(C) 9849/2016 Page 1 of 21 KUMAR Signing Date:11.05.2026 15:09:09 BRIEF FACTS OF THE CASE: 2. Brief facts emerging from the record, necessary for adjudication of the present writ petition, are that the Petitioner/workman claimed to have joined the services of the Respondent/management on 20.11.1978 as a Clerk/Sale Purchase Assistant and alleged that he had continuously worked under the management till November, 2009. It was further the case of the Petitioner/workman that the management had been operating under different names and styles, namely M/s Delhi Industrial Syndicate, M/s Asian Engineering Company, M/s Enicar Machine (India) and M/s Precision Tanks and Vessels (P) Ltd., and that he had worked in all the said establishments under the same management and control. 3. According to the Petitioner/workman, he lastly attend