RAJ NATH YADAV Vs. GUPTA ENGINEERING WORKS

JUDGEMENT

(1.) THE present writ petition has been filed by six petitioners namely Raj Nath Yadav, Bharat Kumar, Mohd. Zalil Alam, Acchey Lal @ Dinesh Jha, Zalender Prasad and Abdul Salam under Articles 226 of the Constitution of India praying for writ/direction to quash the impugned order dated 07.12.2006 passed by the learned Labour Court in I.D No. 1345/1997 and direct the respondent to reinstate the petitioners with full back wages.

(2.) THE facts of the case are that the petitioners were appointed by the respondent No.1 for the posts of Turner. Even though most of them worked with respondent No.1 for more than 5 years, they were never issued any Appointment Letter or Identity Card and were being paid in cash. THErefore the petitioners do not have any documentary proof to show their appointment or receiving of the salary except for the letters and money orders received by them on the address of the respondent as the respondent had permitted them to use their postal address. As per the case of the petitioners, they were terminated from the services by the respondent on 21.12.1996 without giving them any notice.

(3.) THE Labour Inspector visited the premises of the management- respondent No.1 to make an enquiry and after the enquiry was over he filed its report before the Labour Commissioner.