ANTRIKSH CREDITS AND LEASING LTD Vs. VIKRAM KAPOOR

JUDGEMENT

(1.) The petitioner has challenged the Award dated 18.09.2008 under Article 226 of the Constitution of India rendered by the learned Presiding Officer, Labour Court-II, Karkardooma Courts, Delhi (in brief "Industrial Adjudicator") in I.D. No.365/2009 on making a reference by the Secretary, Labour, Government of NCT of Delhi on 07.10.2009 in the following terms:-

(2.) The respondent/workman alleged that he has been working with the petitioner management as a Field Worker at the salary of Rs.4,000/- per month since September, 1997. Since, he was demanding various benefits, the petitioner/management had illegally terminated his services on 28.03.1999 without any reason. On 01.04.1999 he had raised his disputes through the Union with the Labour Department. He also sent a complaint to the Police Station Karol Bagh, Delhi on 19.04.1999.

(3.) In its written statement the petitioner, inter alia, pleaded that there was no relationship of employer and workman between the parties and name of the respondent never existed on its muster roll. However, it is pleaded that the petitioner used to take the services of the property dealers, its agent and individuals who worked on commission basis and the basic understanding with these persons was that they would bring clients and buyers for the sale and purchase of the plots/land to them and if the deal was matured, they would be rewarded commission for the deal. It is also pleaded that the respondent has been working with some other organization as a full time employee.