CHHATHOO LAL Vs. MANAGEMENT OF GORAMAL HARIRAM LTD

JUDGEMENT

(1.) By this writ petition, the petitioner has challenged the validity of award dated 4.1.2003 passed by the Labour Court-II, Karkardooma, Delhi whereby the reference was answered against the petitioner.

(2.) Briefly the facts are that the petitioner raised a dispute that his services were illegally terminated by the respondent. The dispute was referred in following terms to the Labour Court:

(3.) Before the Labour Court, the respondent/management took the stand that there was no relationship of employer-employee between the management and the workman. The Tribunal framed an issue about the employer-employee relationship, apart from the terms of reference. The Tribunal after considering the evidence came to the conclusion that the petitioner was an employee of contractor, Mr. P.K.Nayyar, who was assigned the contract of packing work by the respondent/management. The documents placed on record showed that the petitioner had sent the leave applications etc. through the contractor and he was being supervised by the contractor. The contractor was having registration under Section 7 of the Contract Labour (Regulation and Abolition) Act and the registration certificate was proved. The Tribunal observed that in view of the fact that the petitioner was an employee of contractor, there was no relationship of employer-employee between the petitioner and the respondent and answered the reference against the petitioner.