IN THE HON’BLE HIGH COURT OF JUDICATURE AT DELHI

(Original Civil Jurisdiction)

Writ Petition No_______ of ______2019

Raman Aulakh

S/O of Rajendra Aulakh

R/O of Dwarka, Sector 10, New Delhi ….Petitioner

Versus

State

Head of the Homeopathic Research Centre ….Respondent

WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA,

SEEKING ISSUANCE OF A WRIT OF PROHIBITION OR ANY OTHER
APPROPRIATE WRIT TO STAY THE LABOUR COURT EXERCISING
JURISDICTION ULTRA VIRES.

To

The Hon’ble Acting Chief Justice,

And her companion justices of,

The Hon’ble High Court of Delhi,

New Delhi.

The above named Petitioner begs to submit as under:

1. That the petitioner has been working in the ‘Homeopathic Research Centre’ as a research
assistant since 2008.
2. That on the day of 15.09.2019 the petitioner received a letter from the head the research
centre that due to his inefficiency of work he has been dismissed by the research centre.
3. That the letter comprises many other allegations without any reasonable grounds on the
basis which the petitioner has been dismissed.
4. That with respect to the allegations on the part of the petitioner the matter has been filed
on 17.09.2019 in the Labour Court as it is with regard to the dismissal of employee.
5. That the ‘Homeopathic Research Centre’ contented that the research centre is the industry
and the dispute related to that is ‘industrial dispute’ and the labour court has the
jurisdiction to deal with the matter.
6. That the petitioner contented that the labour court does not have any jurisdiction to deal
with this matter on the following grounds:
A. Because the Homeopathic Research Centre is not an industry under section 2(j) of
Industrial Dispute Act 1947.
B. Because the research centre does not comply with the triple test of the Bangalore
water supply v. A. Rajjapa. Also the research centre is not business, trade,
undertaking, manufacturing or calling of employers and includes any calling, service,
employment, handicraft, or industrial occupation or avocation of workmen.
C. Because there is no systematic activity for the production and/ or distribution of
goods and services calculated to satisfy human wants and wishes.
D. Because in the research the dominant activity is the research work and which is not
the activity of an industry so the ‘dominant nature test’ also not applicable.
E. Because there is no such department in the research centre which comply with all the
tests of the industry provided under the Bangalore water supply case so the
severability test is also failed.
F. Because the petitioner is not workmen under the section 2(s) of Industrial Dispute
Act, 1947.
G. Because the petitioner is only research assistant not doing any manual, unskilled,
skilled, technical, operational, clerical or supervisory work mentioned under section
2(s) of Industrial Dispute Act, 1947.
H. Because the petitioner does not comply with the tests provided in ‘Dharangdhara
case’.
I. Because the nature of business model is not an industry
 J. Because the work or office of the petitioner is does not comply with the criteria of
section 2(s).
PRAYER

In the facts and circumstances of the case and the submissions made herein, it is most
respectfully prayed that this Hon'ble Court may graciously be pleased to:

a. Issue a writ of Prohibition or a writ in the nature of Prohibition or any other appropriate
writ to stay the labour court from exercising jurisdiction which is ultra vires in nature.
b. Hold and declare that the Labour Court has no, authority or jurisdiction to pass the order
with respect to the present dispute.
c. Any other relief which this Hon’ble Court may deem fit and proper in the facts and
circumstances of the case to which the Petitioner may be found entitled, may kindly be
granted in favour of the Petitioner.

VERIFICATION

I Raman Aulakh do hereby verify that the contents from paras 1 to 12 are correct and true to the
best of my knowledge and personal belief and no part of it false and nothing material has been
concealed therein.

Affirmed at Delhi this_____

Petitioner
Through
Shubham Saini (ADVOCATE)
OFFICE:- Om COMPLEX, NEW DELHI
Email id- Shubhammar22 @gmail.com
MOB: 8826287335

New Delhi

Dated: 22.09.2019