THE CHIEF OFFICER Vs. SHRI NAGENDRA AND ANOTHER

JUDGEMENT

(1.) The Petitioner has laid a challenge to the individual Judgments and awards of the Labour Court, Belagavi, whereby the termination of the Respondent-Workman has been held to be void ab initio, with a mandate for the reinstatement with full back wages and continuity of service.

(2.) The case of the Petitioner as emerging from the pleadings before the Labour Court that are reiterated in this Writ Petition is that the Respondent-Workman was not in the immediate employ of the Petitioner; the services of the Respondent-Workman were hired by the Petitioner through a contractor and therefore, there was employer-employee relationship only between the contractor and the Respondent-Workman; thus, obviously the same was lacking between the Petitioner and the Respondent-Workman.

(3.) Petitioner contends that in or around 2013, the services of the Respondent-Workman were dispensed with and this cannot be treated as the termination of the services as understood in the Industrial Jurisprudence in as much as the question of termination of the services will not arise in the absence of employer-employee relationship between the Petitioner and the contesting Respondent-Workman.