GHANSHYAM SHARMA Vs. MANAGEMENT OF AMBA CINEMA

JUDGEMENT

(1.) The petitioner has assailed the award dated 14th October, 2005 passed by the Labour Court wherein reference was answered against the petitioner workman and it was held that he had failed to prove that there existed a relationship of employer and employee between the management of the respondent cinema and the petitioner.

(2.) At the admission stage, on 17th November, 2006, this court after hearing the learned counsel for the petitioner observed that the statement made by the petitioner to the effect that he was employed with the respondent had gone unchallenged, was not borne out from a perusal of the evidence adduced before the Labour Court. The other plea of the petitioner to the effect that the respondent had not disputed the fact that the petitioner worked in the organisation of the respondent and prepared certain documents was also recorded in the aforesaid order. It was also observed that the respondent management had disputed the relationship and stated that the petitioner was working as an employee of the security services. Thereafter, the counsel for the petitioner sought time to examine the case and address the court further.

(3.) Counsel for the petitioner submits that the petitioner was all along working with the respondent management and relevant records had been suppressed by the respondent management in respect of which an adverse inference ought to have been drawn by the Labour Court against the respondent management for non-production of the documents. It was also contended that there was no cross-examination of the petitioner on his assertions in his affidavit that he used to prepare gate report which used to be countersigned by the Manager of the respondent management and that his attendance used to be taken on a rough copy book.