MD. AYUB Vs. TARA INTERNATIONAL

JUDGEMENT

(1.) Present writ petitions have been filed challenging the order dtd. 17/3/2018, whereby, the learned Labour Court - V, Dwarka Courts, Delhi has rejected the claim and decided the matter against the petitioners/workmen predominantly on the ground that the petitioners/workmen had failed to prove the relationship of employer-employee between the parties.

(2.) Learned counsel for the petitioners has relied upon the report from the Office of the Assistant Labour Commissioner (South). Learned counsel for the petitioners submits that as per the report, in pursuance to the complaint made by the General Secretary, Delhi Hosiery Worker Union, the Labour Inspector conducted an inspection in the premises of the management on 11/7/2005. Learned counsel for the petitioners submits that at the time of the inspection, 35 workmen including the petitioners were found working in the production wing of the management.

(3.) Learned counsel for the petitioners further submits that the learned Trial Court has fallen into a grave error by ignoring this document and inter alia reaching to the conclusion that the petitioners/workmen have failed to prove the relationship of employer-employee between the parties. Learned counsel for the petitioners submits that even in para 28 of the impugned award, the learned Labour Court has fallen into a grave error by inter alia observing that there is no explanation as to how the present workmen name has appeared as being present in the premises as a worker on 11/7/2005 whereas, as per the claim, the workmen was terminated on 12/7/2005 and the Labour Inspector visited the management premises only after 13/7/2005.