RAHIMUDDIN Vs. GOSSINI FASHONS LTD

JUDGEMENT

(1.) Exemption, as prayed for, is allowed, subject to all just exceptions.

(2.) It is the case of the Petitioners/workmen that they were working as tailors with the Respondent till their services were terminated on 18th April, 2000. They allege, inter alia, that the Respondent neither issued appointment letters nor did it maintain any record of their service.

(3.) The case of the Respondent through out has been that there is no relationship of employer and employee between the parties and, as such, there is no question of granting legal facilities to them or of any illegal termination of the Petitioners' service by the Respondent. Counsel for the Respondent also submitted that the name of the company in the order of reference was described as M/s. GIP Leather (India) Limited whereas the correct name of the company was M/ s. AN GIP Leather (India) Limited. He further contended that the Petitioners were, in fact, the employees of M/s. Star Fashions, through whom the Respondent was getting the work of stitching done. Even the machines on which the Petitioners worked were not the property of the Respondent. The Respondent was only providing raw material to M/s. Star Fashions to stitch the garments. Thus, the said M/s. Star Fashions was getting the work of stitching done through its own workers, on its own machines, in its own premises and the Respondent was only paying the money on the bills raised by it.