VIJAY PAL Vs. MANAGEMENT OF M/S

JUDGEMENT

(1.) By way of this writ petition the petitioner-workman, who was employed as a checker with the respondent Company, had challenged the award dated 09-05-2006 passed by the Labour Court in ID Case No. 102/2002 whereby the relief of re-instatement in service with back wages was denied to him by the Labour Court even after coming to the conclusion that his services had been illegally terminated by the respondent-management and only a lump-sum compensation of Rs. 20,000/- was awarded to him. The petitioner-workman felt that he was entitled to be re-instated in service with full back wages and so he knocked the doors of this Court for getting that relief. The petitioner-workman, as per his case, was employed as a checker with the respondent-management since 02.01.2000 till 14.05.2001, when his services were illegally terminated. He had approached the labour authorities for his re-instatement in service but since he could not get that relief the dispute between him and the respondent-management was referred for adjudication to the Labour Court vide Reference order dated 14th January, 2002 with the following term of reference:-

(2.) The petitioner-workman filed his statement of claim challenging his termination to be illegal. The respondent-management filed a written statement denying the allegations of illegal termination of his services and pleaded that there was no employer and employee relationship between them. That was the main defence of respondent-management.

(3.) Evidence was adduced on behalf of the petitioner-workman only and after examining that evidence the Labour Court vide its award under challenge came to the conclusion that there existed a master and servant relationship between the petitioner-workman and the respondent-management and further that the termination of the service of the petitioner-workman was illegal. However, it was also held that since the petitioner-workman had worked only for a little more than a year he was not entitled to the reliefs of reinstatement in service and back wages. Instead, a compensation of Rs. 20,000/- was awarded. Relevant findings of the Labour Court are re-produced below:-