PARAMJEET SINGH Vs. BSES RAJDHANI POWER LTD.

JUDGEMENT

(1.) The workman has preferred the present writ petition seeking to impugn the award dtd. 28/3/2018 passed by the Labour Court, whereby his claim application came to be dismissed.

(2.) In the claim application, the workman claimed that he had worked with the "Management" on the post of Driver with effect from 14/12/2003 to 31/5/2012. The workman, along with the claim application, filed copies of two identity cards issued by respondent no. 2 herein (Management 2) and also a copy of the vehicular log dtd. 18/12/2003. His last drawn wages were Rs.7,800.00 per month. When the workman demanded legal facilities like appointment letter, weekly off holiday, casual leave, his attendance to be marked in the attendance register, pay slip, leave book, attendance card, ESIC, overtime, bonus, minimum wages as per Government policy, and other facilities, his services were terminated on 1/6/2012. Though he impleaded BSES Rajdhani Power Limited as well as M/s Team Lease Pvt. Ltd. as Management 1 and 2 respectively, he used the common word "Management" in his entire claim application. Both Managements 1 and 2 appeared and contested the claim.

(3.) Management 1, i.e. BSES Rajdhani Power Limited, denied the employer-employee relationship, stating that the workman remained on the payroll of Management 2. It was stated that the question of payment of salary along with other benefits such as leave, PF, etc. by Management-1 did not arise as the workman was never its employee.