TUSHAR ENTERPRISES Vs. KAMLESH SINGH

JUDGEMENT

(1.) THE petitioner is the sole proprietor of M/s Tushar Enterprises. He says that he started his business in the year 1998 on a small scale. THE business pertained to supply of mineral water to various parties in Delhi. THE manufacturing process was done by a firm which was working under the trading style of "Freedom" and the petitioner was the supplier of that mineral water for which he used to get commission of ` 10/- per bottle. He had employed respondent No.1 for a certain period for the delivery of bottles to his customers on a salary of ` 2,000/- per month. However, he suffered persistent losses in the business and hence, he closed down the same in the year 1999. Consequently, he dispensed with the services of respondent No.1.

(2.) CONSEQUENT upon the termination of service of respondent No.1, he raised an industrial dispute which was referred to the Labour Court with the following terms of reference:-

(3.) ON a perusal of the report of the process-server, I feel that the submission of the petitioner, who has appeared before me in person, is not without merit. The report does not inspire confidence. As rightly pointed out by the petitioner, it does not indicate to whom the summons were sought to be served and who was that person who refused to receive the said summons. It appears from the address on the summons that the so-called management was located in the Industrial Area and, therefore, if the process-server had really gone to serve the petitioner at the said address, it would not have been difficult for him to find a witness to the refusal but the report does not indicate that any such effort was made by the process-server. In my view, the Labour Court ought not to have believed such a report and should have made another attempt to serve the petitioner.