MALLIKARJUN Vs. ASSOCIATED CEMENT CO. LTD.

JUDGEMENT

(1.) These appeals arise out of the order dated 11.2.2013 passed by the learned Single Judge dismissing the writ petitions filed by the appellant-workmen challenging the order passed by the Labour Court, Gulbarga.

(2.) The respondent-Management resisted the claim contending inter alia that they used to transport the cement bags to different destinations and once the goods reached the destinations, railway receipts were required to be produced for the purpose of delivery of the cement bags. In order to ensure that the railway receipts are produced at the designated railway stations for the purpose of taking delivery, the management entrusted the delivery of the documents/railway receipts to identified couriers who were engaged on assignment basis but they were not the employees of the company.

(3.) It was further urged by them that their engagement was only for the specific assignment as and when need arose. It was also urged that the applicants/workmen were not required to be present at the factory premises. They were free to attend any other work either during their onward journey or during their return journey. They were only required to deliver the documents at the designated place and to the specified official or person and submit to the company acknowledgment given by the said authority.