LAWS(DLH)-2009-9-64

MOHINDER SINGH Vs. STATE OF NCT OF DELHI

Decided On September 14, 2009
MOHINDER SINGH Appellant
V/S
STATE OF NCT OF DELHI Respondents

JUDGEMENT

(1.) THE petitioner in this writ petition seeks to challenge an industrial award dated 20. 12. 2007 in ID No. 817/06/03 by which he has been denied any relief for his alleged termination from the services by the management of the respondent w. e. f. 29. 04. 2002.

(2.) I have heard the arguments of the learned counsel for both parties and have also perused the record of the court below.

(3.) THE court below, on the basis of cogent evidence discussed in the impugned award, has arrived at a conclusion that there was no relationship of employer and employee between the parties. I do not find any reason to interfere with the said finding of fact contained in the impugned award. It may be noted that the petitioner had raised an industrial dispute with regard to his alleged termination against the management of M/s Pramod Kumar and Company. This is evident from the order of reference, a copy of which is at page 15 of the paper book. After the reference was made by the government to the Labour Court, the petitioner filed a statement of claim against the management of M/s Chandhok and Mr. Pramod Kumar, A-83/5, Industrial area, Wazirpur, Delhi- 110052. The management of M/s Pramod Kumar and Company in its written statement filed to the statement of claim of the petitioner denied the relationship of employer and employee between the parties. It was stated by the management of M/s Pramod Kumar and Company in its written statement that to its knowledge the petitioner was working with Shree Girraj Rolling Mills operating from premises No. C-16/1, Wazirpur, Industrial Area, Delhi-110052 and according to the management of M/s Pramod Kumar and Company, the reference was bad for mis-joinder of parties.