MAHAVIR SINGH Vs. NARANG INTERNATIONAL HOTEL P LTD

JUDGEMENT

(1.) THE petitioner in the instant writ petition has challenged the part of the award dated 18th August, 2006 passed by the learned Labour Court No. IX, Karkardooma Courts, Delhi in ID No. 1865/1994 titled as Workman Sh. Mahavir Singh v. M/s Narang International Hotel (P) Ltd.

(2.) BY virtue of the aforesaid award, though the learned Labour Court has arrived at a finding to the effect that the workman had rendered more than three years of service with the respondent/management and that the service contract Ex. WWl/ml to MW1/3 are sham documents and his termination of service with effect from 24th August, 1993 was illegal and unjustified and therefore, he was entitled to protection under Section 25 (F)of the Industrial Disputes Act, 1947 (hereinafter referred to as ?act?) yet the learned Labour Court did not grant him the benefit of either Section 25 (F) or the reinstatement back into the service on the ground that the petitioner had of his own saying admitted that after termination of his services by the respondent/management, he had taken up the employment with M/s Shanti Sports Club and the same did not entitle him to any relief.

(3.) THE petitioner in the writ petition has averred that though there was a clear cut finding in his favour to the effect that he was employed with the respondent/management on 2nd April, 1990 as a Security Guard on a monthly salary of Rs. 1,350/- but on account of unfair labour practice, he was made to sign agreements, which are Ex. WWl/ml and WW1/m3, which were in the nature of service contract to give an impression as if the petitioner was not an employee of the respondent/management and there existed a contract of service qua the petitioner. It was alleged by the petitioner that his services were illegally and unjustifiably terminated w. e. f. 24th August, 1993. This resulted in espousal of his cause of illegal termination by the hotel Mazdoor Union which resulted in a reference being made by the State government in the following terms: "whether the services of Sh. Mahavir Singh have been terminated by the management illegally and/or unjustifiably if so, to what relief is he entitled and what directions are necessary in this respect" thereafter, the petitioner filed his statement of claim giving the facts which have been already stated hereinabove.