ANURUDH PRASAD Vs. P.O. LABOUR COURT

JUDGEMENT

(1.) THIS is a petition filed against the award dated 17.1.2000 passed by the Labour Court No. III in I.D. No. 71/87 which held inter alia that the petitioner was not an employee of M/s Tej Press. The two issues to be determined by the Labour Court were:

(2.) COUNSEL for the petitioner argues that the Labour Court had erred in not taking into consideration the fact that the Wages Register for the period 1979 to 1985 was never produced in evidence by the respondent company. Therefore, adverse inference should have been drawn in favour of the petitioner to the effect that there existed an employer and employee relationship between the petitioner and the respondent M/s Tej Press. A perusal of the evidence of Sh. Vijay Nanda, (Personnel) Manager of the respondent shows that he was not cross-examined at all by the workman. Also vide affidavit dated 3rd June, 1999, the said Mr. Nanda had stated that he tried to procure the relevant record but it was not traceable since it was very old i.e. belonging to 1979 to 1985. The petitioner-workman could have adduced such other evidence, if he had any, to prove that he was an employee of M/s Tej Press, rather than base his case on adverse inference to be drawn from the evidence of the respondent. The petitioner has failed to lead any substantive evidence in his favour. It was always open to the workmen to raise appropriate questions and put suggestions to the deponent so as to establish their case.