PARAS Vs. LOVELY TICKET WALA

JUDGEMENT

(1.) The petitioner in the instant writ petition has challenged the award dated January 13, 2005 passed by the learned Labour Court No. VIII in I.D. No. 1126/2000 in the case titled Sh. Paras v. M/s. Lovely Ticket Wala, (Aar Kay Printers) only to the limited extent of quantum of compensation which is directed to be paid to the petitioner. Briefly stated the facts of the case are that a reference was made by the appropriate government to the learned Labour Court:

(2.) On the basis of the aforesaid reference, the petitioner filed his statement of claim claiming that he was employed as a Machine Operator for monthly wages of Rs. 3000/- and in 1999 when the petitioner demanded increase in salary, overtime, earned leave and other benefits, the respondent got annoyed and terminated the services of the petitioner illegally and unjustifiably on August 3, 1999. A demand notice dated August 31, 1999 was sent by the petitioner to the respondent but since it did not yield any result, and thereafter, a reference was made to the learned Labour Court.

(3.) The respondent filed its written statement and contested the claim of the petitioner by raising an objection that there is no relationship of employer and employee between the parties. In addition to this, it was alleged that the petitioner was granted service on the temporary basis and since his work was not satisfactory, therefore, on or about July 25 to 27, 1999, he was asked to leave the service. Further, the petitioner had indulged in acts of misbehavior on or about July 25 to 27, 1999. On the basis of the aforesaid pleadings following issues were framed, namely: (i) Whether there is no relationship of employer and employee between the parties? (ii) As per terms of reference.