SARDARA SINGH Vs. LTHAD MOTOR TRANSPORT PRIVATE LIMITED

JUDGEMENT

(1.) -

(2.) THIS petition under Acticle 227 of the Constitutionof India is directed against the impugned order of the Labour Court dated 10/11/1973 made in L.C.A. No. 251 of 1973. Following the decisionof a Single Bench of this Court the Labour Court by the impugned order heldthat status of workman having been challenged the Labour Court has nojurisdiction to entertain the claim of the petitioner under Section 33-C(2) ofthe Industrial Disputes Act. The application was held to be not maintainable.The decision of the Single Bench of this Court was, however, overruled by aDivision Bench judgment of this Court in C.W. 1278/71 Re: Yed Ram v.BirSingh and Another, decided on 11/12/1973 and it was held that amere denial by the employer about the existence of the relationship of workman and employer will not oust the jurisdiction of the specific Labour Court.The Division Bench also held that if it is contended by the employer thatduring the period for which the claim is made the applicant was not a workman as his services had been terminated or he had been dismissed, then thespecific Labour Court will determine whether the services were terminated orworkman was dismissed as alleged but will not go into the question of thevalidity of the determination of the dismissal. It was further held that it wouldnot matter if the applicant was not a workman on the date of his applicationif it is proved that he was a workman during the relevant period for whichthe claim was made. In view of the Division Bench decision of this Court theimpugned is liable to be quashed,