G G FASHION Vs. JAYANTI NEGI

JUDGEMENT

(1.) By way of this application, the respondent/workman is seeking grant of interim wages. The respondent/workman has alleged illegal termination of her services on the 8th May, 1996 which she challenged by way of an industrial dispute. After a detailed adjudication, the industrial adjudicator passed an Award dated 30th July, 2002 holding that the services of the respondent/workman had been terminated illegally and that she was entitled to reinstatement with continuity of service and full back wages. Aggrieved by this award, the same was assailed by the management by way of the present writ petition. An order dated 7th March, 2003 was passed on the application of the management seeking interim relief whereby subject to deposit of Rs. 50,000/- in this Court, the operation of the impugned award was stayed. The respondent/workman served an advance copy of the application under Section 17-B of the Industrial Disputes Act on the very next date upon the other side. This application has been filed based on the averment that the employment with the petitioner was the only source of income/livelihood for the respondent/workman and that she has been suffering since 8th May, 1996 when her services were illegally terminated. The workman submits that she was employed as a manager and had been drawing a salary of Rs. 2,9507- per month. At present, the respondent/workman claimed that she was looking after her two minor children and she was at the mercy of relatives and family friends. She was not having any financial help from her husband. On these facts, a prayer for grant of wages till her reinstatement was prayed in the application.

(2.) The application has been opposed by the petitioner primarily on two grounds. It has been stated that the workman was gainfully employed in the job work of fabricated garments and is running her own business. An allegation has been made that the respondent is doing business under the name and style of M/s. Swam Dev Fashion, operating from A-171, Raj Nagar II, Palam Colony, New Delhi-110 045. It has been vehemently contended that the workman owns a cellular phone bearing No. 9810646727 and that she has done job work for M/s. Gopal Clothing, 272, Udyog Vihar, Phase - II, Gurgaon; Gaurav International, 225, Udyog Vihar, Phase 1, Gurgaon; Niti Crossing, 218, Udyog Vihar, Phase - I, Gurgaon and Madhbani Exports. 403, Udyog Vihar, Phase IV, Gurgaon. Based on these assertions, it has been contended that the workman is gainfully employed and that the application of the workman was false.

(3.) Answering these allegations, the respondent/workman has contended that she has no connection whatsoever with M/s. Swam Dev Fashion and that she is neither the proprietor nor the owner or partner thereof. She has denied on affidavit that she is the employee of any such concern of any kind with A-171, Raj Nagar, Phase 11. Palam Colony, New Delhi. The respondent/workman has disclosed that this firm was owned by Shri D.S. Adhikari, her real maternal uncle and that the son of the applicant was working with him. The nature of the son's work is collection of work from various firms and getting it done from his associates or from persons attached with him. The respondent/workman has stated that being unemployed and that on account of needs, she helps her son on occasions. This firm is stated to have been opened only in or around May, 2003 by the respondent's maternal uncle.