SANJAY GARMENTS Vs. RAKESH KUMAR

JUDGEMENT

(1.) The present Writ Petition has been instituted by the petitioner/Management, M/s Sanjay Garments, under Articles 226 and 227 of the Constitution of India assailing the Award dtd. 3/7/2010 passed by the learned Presiding Officer, Labour Court-XI, Delhi. BRIEF FACTS

(2.) The brief factual matrix, as borne out from the record, is that the petitioner, M/s Sanjay Garments, is a proprietary concern of which Shri Sanjay Kumar ,is the sole proprietor . The establishment is situated at 2/25, Moti Nagar, New Delhi - 110015 and is engaged in garment stitching work, engaging four to five persons at a time.

(3.) The respondent/workman, Shri Rakesh Kumar, was engaged in stitching work at the said establishment. According to the respondent/workman, he had been working as a tailor with the Management for over twelve years, initially with M/s Dayal Sons Selection and thereafter with M/s Sanjay Garments, both stated to be functioning from the same premises at 2/25, Moti Nagar, New Delhi, and was drawing last wages of Rs.2,000.00 per month. The respondent/workman claimed that he was working as a permanent employee under the supervision and control of the Management at the establishment premises.