BIHAR CAUSTIC AND CHEMICALS LTD Vs. KRIPA PANDEY

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of the Division Bench of the Patna High Court dismissing the Letters Patent Appeal filed by the appellant. Challenge in the Letters Patent Appeal was to the judgment of the learned Single Judge of the said High Court. Before the High Court challenge was to the award of the Labour Court, Ranchi in Reference Case No.41/85. The respondent had raised a dispute, inter alia, alleging illegal termination. According to him he was working in the appellants factory continuously from 1.8.1983 to 12.8.1984 and he was removed from service on 21.9.1984 without any reason. Following dispute was referred to the Labour Court for adjudication :

(2.) The aforesaid reference was made by notification dated 1.11.1985. Stand of the appellant before the Labour Court was that during the period from 1981 to 1984 when the factory of the appellant was under construction it had engaged several contractors including one M/s. Mishra Brothers for the purpose of various works for construction of the factory. During the aforesaid period the said Contractor who was authorized to engage contract labour under the provisions of the Contract Labour (Regulation and Abolition) Act, 1970 (for short "Contract Labour Act") by licence deed dated 13.3.1982 engaged the respondent as a tractor driver. It was the case of the appellant that at no point of time respondent was employee of the appellant and there was no relationship of employer and employee between them. No appointment letter was ever issued to the respondent by the appellant. The respondent used to get salary from the Contractor. After construction of the work was completed in 1984, the appellant did not require services of the contractor and in turn the contractor did not require the services of the employees including respondent engaged by it.

(3.) In the written statement filed before the Labour Court the above plea was taken and it was stated that the respondent was not a workman within the meaning of Section 2(s) of the Industrial Disputes Act, 1947 (in short "the Act") and, therefore, the reference as made was maintainable in law. Before the Labour Court the Contractor was also examined and he stated that the respondent was working under his contract and he was employed by him and, therefore, he paid the wages to him. In the gate pass it was clearly mentioned that he was the employee of the Contractor.