BOMBAY CHEMICAL INDUSTRIES Vs. DEPUTY LABOUR COMMISSIONER

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dated 14.11.2018 passed by the High Court of Judicature at Allahabad in Writ Petition No.33482 of 2018, by which the High Court has dismissed the said writ petition preferred by the appellant herein and has confirmed the order passed by the Presiding Officer, Labour Court IV, U.P., Kanpur Nagar, under Section 33(C)(2) of the Industrial Disputes Act, the original writ petitioner has preferred the present appeal.

(2.) That respondent No.2 herein moved an application before the Labour Court under Section 33(C)(2) of the Industrial Disputes Act in Misc. Case No.26 of 2012 demanding the difference of wages from 01.04.2006 to 31.03.2012. The said application was contested by the appellant herein denying any relationship of employee-­employer. It was the categorical stand of the appellant that respondent No.2 herein was never engaged by it. Before the Labour Court respondent No.2 herein relied upon the documents exhibit W-­1 to W-­6 in support of his case that he had worked in the establishment as a salesman. That by order dated 28.11.2017 the learned Presiding Officer, Labour Court allowed the said application and directed the appellant herein to pay the difference of wages from 01.04.2006 to 31.03.2012 as claimed in the application.

(3.) Shri Vishal Yadav, learned counsel appearing on behalf of the appellant has vehemently submitted that in the facts and circumstances of the case the High Court has erred in dismissing the writ petition and confirming the order passed by the Labour Court under Section 33(C)(2) of the Industrial Disputes Act.