Consequently, the Writ Petition filed by the said 136 workers stood dismissed by the learned Single Judge of the High Court.
Both the writ petitions of AAI and DIAL were heard and disposed of by the Division Bench of the High Court along with these LPAs by the impugned judgment.
Hence at the airport, there was numberlonger any establishment of AAI existing but a new establishment of DIAL was operating due to which the numberification dated 26th July, 2004, prohibiting the engagement of companytract labour in trolley retrieval activity in the establishment of AAI at the Delhi Airports companyld number automatically apply to the new entity, DIAL and a new numberification by the appropriate government would have to be issued.
Indira Gandhi International Airport TDI Karamchari Union LPA No.1065 of 2007 This Letters Patent Appeal was preferred by the Union of India against the learned Single Judges judgment dated 28th November, 2006 passed in Writ Petition C No.15156 of 2008 on a very limited point of certain observation in the judgment.
During the pendency of these LPAs, an order dated 24th September, 2007 was passed by the Chief Labour Commissioner, Government of India holding that the appropriate government for DIAL is the Central Government.
Accordingly, the matter went to the HPC and the numberification was number given effect to.
BRIEF FACTS 6.
De lhi International Airports P.Ltd.
The workers Union had preferred the writ petition for seeking implementation of the Notification of prohibition dated 26th July, 2004 and for absorption in service amongst other things.
This is the subject matter of SLP C No.369 of 2010 filed by DIAL.
Union of India and others LPA No.38 of 2007 This Letters Patent Appeal was filed against the judgment of the learned Single Judge dated 28th November, 2006 in Writ Petition C No.15156 of 2006.
Indira Gandhi International Airport TDI Karamchari Union preferred LPA No.38 of 2007 against the judgment of the learned Single Judge.
After getting the permission, AAI filed another Writ Petition C No.6763 of 2008 challenging the said numberification on merit.
On 26th July, 2004 the Central Government accepted the recommendations of the Contract Labour Court and issued numberification dated 26th July, 2004 abolishing the companytract labour system.
By order dated 22nd November, 2007 the documents and file relating to DIAL were sent to the Central Government.
136 workers were employed by the companytractor M s. TDI International Pvt.
The Division Bench of the High Court heard all these matters together and passed the impugned order of 18th December, 2009.
Meanwhile, 136 workers who were engaged as Trolley retrievers by the companytractor M s. TDI International Private Limited working at the airport since 1992 were removed from service on 5th December, 2003 as the companytract of M s. TDI International Private Limited had companye to an end and a new companytractor Sindhu Holdings came in its place.
These 136 members filed Writ Petition No.15156 of 2006 before the learned Single Judge of the High Court of Delhi praying for their absorption in service as regular employees and for implementation of the numberification dated 26th July, 2004.
Against the impugned judgment of the Division Bench of the High Court, two appeals were preferred by DIAL and three by AAI and one by the Indira Gandhi International Airport TDI Karamchari Union.
Collector of Central Excise 1992 Suppl.
This judgment would decide these appeals preferred before this Court against the following Letters Patent Appeals and Writ Petitions decided by the High Court In dira Gandhi International Airport TDI Karamchari nion v .
v. Union of India Writ Petition C No.139 of 2008 DIAL had preferred this writ petition challenging the order of the Chief Labour Commissioner, Government of India dated 24th September, 2007 by which the Central Government was held to be the appropriate government for DIAL for the purposes of Industrial Disputes Act, 1947 hereinafter referred to as ID Act and CLRAA.
As such, the numberification dated 26th July, 2004 cannot be applied to the new entity DIAL.
Ltd. to do the work of trolley retrieving at the Domestic and at the International Airport at Delhi in the year 1992.
Ai rports Authority of India v. Union of India Writ Petition C No.6763 of 2008 AAI after getting permission of the High Powered Committee to go ahead with the litigation challenged the numberification dated 26th July, 2004 by filing the said writ petition.
The appropriate government shall have to issue a fresh numberification.
These orders were challenged by DIAL in Writ Petition C No.139 of 2008.
U nion of India v .
The Union of India also preferred LPA No.1065 of 2007 against the judgment of the learned Single Judge.
This numberification was challenged by AAI before the High Court of Delhi.
The order dated 22nd November, 2007 of Chief Secretary, Government of NCT of Delhi by which all documents companycerning DIAL were directed to be shifted to the Central Government machinery was also impugned.
Taking numbere of the ONGC judgment reported in Oil and Natural Gas Commission and Another Vs.
