SHAILESH KUMAR PANDEY Vs. RESEARCH AND ASSESSMENT CENTRE

JUDGEMENT

(1.) The petitioner, Shailesh Kumar Pandey impugns Award dated October 05, 2012 passed by the Industrial Tribunal No.1, Karkardooma Courts, Delhi, whereby the Industrial Tribunal holds that the petitioner is not entitled to any relief as he is an employee of the contractor.

(2.) It was the case of the petitioner before the Industrial Tribunal that he was employed as Security Guard in July, 1989 and his services were terminated by the respondent No.1 verbally on October 04, 1997 without giving wages for the month of September, 1997. According to him, no notice was given to him nor pay in lieu of notice or any retrenchment compensation was made.

(3.) The case of the respondent No.1 M/s Research & Assessment Centre was that no relationship of employer employee exist between it and the petitioner. He was never engaged by the Centre. He was an employee of M/s Rishi Raj Management Services, which was engaged by the respondent No.1 to carry out the watch and ward services. According to the respondent No.1, it is the contractor who had terminated the services of the petitioner. That apart it is the case of the respondent No.1 that it is not an "industry" within the meaning of Section 2(j) of the Industrial Disputes Act, 1947 ("Act" in short).