JAGBIR SINGH MALIK Vs. ENERGY INFRASTRUCTURE INDIA LTD.

JUDGEMENT

(1.) The present Letters Patent Appeal (LPA) is arising out of order dtd. 11/1/2023 passed in W.P.(C.) No. 3729/2019, by which the learned Single Judge has dismissed the writ petition preferred by the Appellant upholding the Award dtd. 7/3/2019 passed by the Labour Court in LID No.398/16 (Old No.347/14) titled Sh. J.S. Malik v. M/s. Energy Infrastructure (India) Ltd, wherein the Labour Court has held that the Appellant/ Claimant is not a 'Workman ' within the meaning of Sec. 2(s) of the Industrial Disputes Act, 1947 (I.D. Act).

(2.) The facts of the case reveal that the Appellant was appointed on 28/4/1989 as Secretary in the services of M/s. Wimco Ltd.

(3.) The facts further reveal that in the year 1995 M/s. Energy Infrastructure was incorporated in its erstwhile name, i.e. Wimco Petrogas Limited under the control of Mr. Shiv Kumar Jatia, Managing Director of Wimco Limited and the Respondent No.1 M/s Energy Infrastructure (India) Ltd was based out of the same premises as Wimco Limited. The Appellant was transferred to M/s Energy Infrastructure (India) Ltd vide letter dtd. 24/2/1998, with the transfer being in effect from 1/4/1998 and he was appointed as Deputy Manager in M2 Grade at a monthly salary of Rs.6500.00.