ESSEE COUTIER Vs. SUSHIL KUMAR SHARMA

JUDGEMENT

(1.) Petitioner has filed this writ petition in which he challenges the award as well asmaking of reference order dated 11.1.1993 whereby Secretary, Labour made thereference.

(2.) After the receipt of the reference order, notices were issued by the Labour Courtand it was duly received by the petitioner M/s Essee Courier as well. Petitioner filedthe written statement. Thereafter, it stopped appearing. Ultimately exparte awarddated 15.10.1998 was passed. Petitioner filed an application before the labourCourt for setting aside the exparte' award which was dismissed. Petitioner thereafterfiled CM(Main) No. 296/99 challenging the order of the Labour Court dismissing theapplication of the petitioner for setting aside the exparte by this Court vide orderdated 1.9.1999. It means that petitioner could not show sufficient cause for non-appearance before Labour Court and the impugned award was maintained aspetitioners could not get the same set aside.

(3.) Petitioner has filed the instant petition in which he challenges the impugnedaward dated 15.10.1998 as well as reference order dated 11.1.1993 mainly on theground that respondent NO. 1 was not the employee of M/s Essee Courier i.e thepetitioner and he was the employee of M/s Saico Enterprises & Co. with which M/sEssee Courier has no connection. This disputed question of fact cannot begone intoin this petition under Article 226 of the Constitution. When the petitioner was servedwith the notice by the Labour Court, it was for the petitioner to participate in theproceedings and adduce proper evidence to prove its contention that there was noemployer and employee relationship between the petitioner and Shri Sushil Sharmarespondent No. 1. Petitioner failed to do so and as it did not appear before theLabour Court, exparte award was passed on the basis of material produced beforethe Labour Court. Petitioner even moved application for setting aside the exparteaward and then petition under Article 227 of the Constitution of India for the samepurpose but failed in its attempt.