SURAJ & ORS Vs. TATA SONS & ANR

JUDGEMENT

(1.) The workmen of Tata Housing Complex Workers Union raised an industrial dispute pursuant to which a reference was made to the Industrial Tribunal on the following terms:

(2.) In the claim it was stated that Ramesh Kumar was working as Store Keeper, Rakesh Kumar, Nafe Singh, Vishwanath, Pardeep Kumar as Electricians and Veer Singh and Attar Singh as pump operators and the rest as helpers with the management were illegally terminated. It was further stated that the management neither issued any appointment letter nor provided other facilities like leave, bonus, PF and ESI. In the written statement the main claim of Tata Sons Ltd. was that it was not an employer of the workmen and there was no relationship of employer-employee between the two. In fact the averment in the claim was that the workmen had been engaged by Apartment Resident Welfare Association, 23, Prithviraj Road, New Delhi (in short "ARWA"). ARWA was registered on March 20, 1999 whereas services of the workmen were terminated on July 08, 1999.

(3.) Out of the 16 workmen as noted above 11 settled the matter with the management during the course of proceedings before the learned Industrial Tribunal and thus only five workmen remained, that is, Ramesh Chand, Suraj, Veer Singh, Attar Singh and Sunil Kumar.