CHANDER SAIN Vs. J B GARMENTS

JUDGEMENT

(1.) THE petitioners in the instant writ petition have assailed the award dated 17th October, 2008 passed by the learned Labour Court no.-IX in ID No. 310/2003 in the case titled Sh. Chander Sain and Ors. Vs. M/s J. B. Garments.

(2.) BY virtue of the aforesaid award, the learned Labour Court had come to the finding that the petitioners/workmen have miserably failed to establish relationship of employer and employees between the parties and accordingly, the reference of the appropriate government whether the services of workman as per Annexure A have been terminated by the management illegally and/or unjustifiably and if so, to what relief are they entitled and what directions are necessary in this respect was answered in negative.

(3.) THAT briefly stated the case of the petitioners is that the petition had involved 13 workmen on whom a reference was sought from the appropriate government as to whether their services were terminated on 17th February, 2002 as the petitioners/workmen had demanded various facilities from the respondent/management. The respondent/management contested the statement of claim of the petitioners and on the basis of the pleadings of the parties, the following three issues were framed: