SUNDER SINGH RANA Vs. PRESIDING OFFICER

JUDGEMENT

(1.) The present petition filed by the petitioner workman is directed against a no relief award passed against him dated 1.9.2006 by the Labour Court holding that the petitioner workman had failed to establish that his services were terminated illegally and/or unjustifiably by the respondent management.

(2.) The brief facts as set up by the petitioner workman in his statement of claim filed before the Labour Court are that he was employed as a "cook" with the respondent management since the year 1988 on the last drawn wages of Rs. 2,300 per month, and was not being given any legal benefits such as appointment letter, attendance letter etc. It is alleged that on 20.3.1991, he received injuries for which the respondent management never compensated him and on 22.03.1995, his services were terminated by the respondent management without paying him any compensation or other legal dues. It is further alleged that pursuant to a complaint made to the Labour Inspector in this regard, he made a visit to the premises of the respondent management, whereafter also he was not reinstated. Subsequently, the petitioner workman served a demand notice on the respondent management and on receiving no reply from it, an industrial dispute was raised.

(3.) In the written statement filed by the respondent management before the Labour Court it took the preliminary objection that there existed no employee- employer relationship between the respondent management and petitioner workman and also that the petitioner workman had met with an accident in the year 1991 and raised the dispute after 4 years, and as such the claim suffered from gross delay. The petitioner workman filed a rejoinder as against the written statement of the respondent management and on the basis of the pleadings the following issues were framed: