SHREE JI SAREES Vs. VED PRAKASH SHARMA

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner has assailed the award dated 11.07.2012 passed by learned Presiding Officer, Labour Court No.XVI, Karkardooma Courts, Delhi in I.D. No.33/2010, wherein the Labour Court held the respondent to be the employee of the petitioner and his termination to be illegal, consequently, awarded a lump-sum compensation of Rs.1,00,000/- (Rupees One lakh) in lieu of reinstatement and back wages to the petitioner.

(2.) Brief facts of the case as borne out from the petition are that an industrial dispute was raised by the respondent and on a reference made by the appropriate government, statement of claim dated 16.03.2010 was filed by the respondent before the learned Labour Court. In his statement of claim, the respondent alleged that he was appointed as Recovery Officer and Field Staff by the petitioner w.e.f. 01.03.2003 and his last drawn salary was Rs.4,500/- (Rupees Four thousand five hundred) per month. The respondent was also promised 1% commission on sales of the petitioner but the same was never given. It was further alleged therein that on 12.07.2009, his services were terminated by the petitioner after withholding his earned wages of August 2007. While terminating his services, the petitioner did not serve a notice of termination on him. Neither was he paid any compensation and legal dues nor was any inquiry conducted at that time.

(3.) To the said statement of claim, the petitioner filed its reply dated 13.09.2010 wherein the petitioner denied all the allegations made by the respondent. It was also stated therein by the petitioner that the respondent was not their employee, rather the respondent was working as a freelance ferrywala in the local market and whenever he used to bring customers to the petitioner's establishment, he used to get commission on the sales. Thereafter, the evidences were adduced by both the parties and the parties were heard leading to the passing of the impugned award dated 11.07.2012.