INDERJEET Vs. MANAGEMENT OF ANU ENTERPRSIES AND ORS.

JUDGEMENT

(1.) By way of this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the award dated 9th April, 2010 passed by the learned Presiding Officer, Labour Court XVII, Karkardooma Courts, Delhi in DID No. 1246/2006 whereby the claim of the petitioner/workman was dismissed as he could not establish relationship of employer and employee between the parties.

(2.) Brief facts of the case as borne out from the petition are that a direct dispute was filed by the petitioner (hereinafter referred as workman) before the Labour Court alleging that he worked as a fitter/karigar and his last drawn salary was Rs.3500/- per month. He joined in the year 1964 and has an unblemished record. There were 40-45 employees who were denied all statutory benefits. Management withheld Rs.4,00,000/- towards the statutory benefits payable to the workman. He joined Rajdhani General Ekta Union, which infuriated the management. In turn, the management did not pay the salary to the workman for the period from July, 2006 to 15th September, 2006. When he demanded the same, he was abused and was terminated from the services on 15th September, 2006. A notice of demand dated 4th November, 2006 was sent. As such, he claimed reinstatement along with full back wages.

(3.) To the statement of claim, the respondent filed written statement denying relationship of employer and employee between the parties. It was alleged that one Inderpal was employed by M/s. Anu Enterprises. He was a casual worker on daily wages of Rs.126/- per day. He left M/s. Anu Enterprises on 15th September, 2006 after attaining the age of 62 years citing the reason of old age. He had taken his full and final settlement by way of a voucher. As such, prayer for dismissal of the claim was made.