B.S.N.L. Vs. BHURUMAL

JUDGEMENT

(1.) Leave granted.

(2.) For deciding this appeal, the seminal facts, which are required a mention are recapitulated below:

(3.) The respondent herein raised an industrial dispute alleging his wrongful termination, by approaching the Assistant Labour Commissioner, Faridabad in the year 2000. He claimed that he was working as a Lineman on daily wages with the Sonipat Telephone Department, BSNL at Saidpur Exchange and was not paid his wages for the period from October 2001 till April 2002. He further stated that while working he got an electrical shock and because of this accident he was hospitalized. However, he was not allowed to resume his duty which amounted to wrongful termination. Conciliation Proceedings commenced after notice was sent to the appellant. Defence of the appellant was that the respondent never worked with the appellant. It was pleaded that there was an agreement dated 18.1.2002 entered into between appellant and M/s. Haryana Securities/Services (Regd) for supply of securities personnel to SSA, Sonipat. The appellant stated that the respondent may have worked as a contract employee with the said contractor and deployed at the establishment of the appellant in that capacity. The conciliation proceedings were not successful, the Conciliation Officer sent his failure report to the Central Government and on that basis Central Government made a reference to the Central Government Industrial Disputes- cum-Labour Court (CGIT), Chandigarh, with the following terms of reference.