MAHESH CHAND Vs. GODREJ SARA LEE LTD

JUDGEMENT

(1.) PRESENT letters patent appeal has been filed challenging the judgment dated 20th November, 2008 whereby appellant-petitioner's writ petition being W. P. (C) 17866/2005 challenging the Award dated 20th May, 2005 passed by Labour Court-VII, Delhi has been dismissed.

(2.) LEARNED Single Judge held that in view of the ample material on record the Labour Court's finding that there exists no relationship of employee and employer between appellant-petitioner and respondent-Management, is unexceptionable and could not be said to be based on no evidence so as to warrant any interference by a writ court.

(3.) MR. Jay Salva, learned counsel for appellant-petitioner submitted that Labour Court and learned Single Judge failed to appreciate not only the true import of Ex. WW1/4, Ex. WW1/5 and Ex. WW1/6 but also the evidence led by respondent-Management as well as the order sheets dated 30th March, 2009 and 29th November, 2006 wherein respondent-Management had admitted that appellant-petitioner was their workman. Consequently, Mr. Salva submitted that the finding arrived at by the Labour Court was perverse and should be interfered with by the learned Single Judge.