MUMTAZ Vs. CONTINENTAL TELEPOWER INDUSTRIES LTD

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner assailing a no relief award dated 1st December, 2006 passed by the Labour Court in ID No.91/05. The award was passed with the observation that the petitioner workman failed to establish that he was employed with the respondent management and accordingly, the first issue, i.e. as to whether there existed a relationship of employer and the employee between the parties was decided against the petitioner workman. Consequently, the second issue framed in terms of the reference made to the Labour Court, i.e. whether the services of the petitioner workman were terminated illegally or unjustifiably by the respondent management was also answered against the petitioner workman.

(2.) Counsel for the petitioner workman submits that the Labour Court did not take into consideration the documents filed by the petitioner workman in support of his case that he was employed by the respondent management. In this regard, she draws the attention of the court to the observation of the Labour Court in respect of issue No.1 at page 16 of the writ paper book. It is stated that the petitioner workman had filed a postal receipt of a letter sent by the union to the management as also copy of the letters sent by the union to the Conciliation Officer along with copies of receipts of money orders to establish the petitioner workman was employed with the respondent management.

(3.) After examining the documents placed on the record, the Labour Court arrived at a conclusion that the petitioner had not filed any documents which were relevant for adjudicating the said issue in favour of the petitioner, including his letter of appointment, monthly payment slips, deduction of PF, payment of any dues or any other correspondence with the respondent management wherein it was admitted that the petitioner was in the employment of the respondent management, to establish the employee-employer relationship between the petitioner workman and the respondent management.