SHRESTH INTERNATIONAL Vs. NCT OF DELHI AND ORS.

JUDGEMENT

(1.) On a dispute being raised by Surender Kumar against the management of M/s.Shresth International reference was made to the Labour Court on following terms:

(2.) The claim of Surender Kumar was that he was working with the management as a Checker since January 01, 1990 on a salary of Rs. 1104/- per month. The management was being run by Shri Ratan Mani and his wife Smt.Kamini Devi with their head office at D-815, New Friends Colony. The management was also running a unit at premises No. A-68, Okhla Phase II, New Delhi which had been closed and the entire work had been shifted to head office. The management was not providing legal facilities to Surender Kumar such as bonus, leave, PF, ESI and nor maintaining proper record of service. Surender Kumar claimed that his services were terminated on June 13, 1991 without any notice contrary to the provisions of the Industrial Dispute Act (in short "the ID Act"). Further his wages for the month of May and June 1991 and over-time were also not paid.

(3.) Management contested the claim mainly asserting that it was not a partnership firm but a proprietorship firm being run by Mrs.Kamini Sadh and Surender Kumar was never an employee of the management in any capacity whatsoever.