RAM PAL Vs. I.B.P. CO. LTD

JUDGEMENT

(1.) The present writ petition filed by the workman assails the award dated 14.05.2009 passed by the learned Labour Court-IX, Karkardooma Courts, Delhi in I.D.No.5081991 (3082008 New). Under the impugned award, the Labour Court has rejected the petitioner's claim by holding that he had failed to establish an employer-employee relationship with the respondent and that the Managementrespondent was not an 'industry', within the ambit of Section 2 (j) of the Industrial Disputes Act, 1947 ('the Act' for short).

(2.) The petitioner, claiming that he had been illegally terminated from service on 01.04.1989 by the respondent, where he had joined as a peon on 26.12.1985, raised an industrial dispute. Before the Labour Court, the petitioner urged that after being appointed as a Peon, he was posted at the respondent's residential complex in Sector-39, Noida and was regularly being paid salary by the respondent. In support thereof, he filed salary vouchers issued in his name by the IBP-BL Group of Companies, Noida Residential Complex, Noida which were exhibited as WW16 to WW18.

(3.) Rebutting the petitioner's claim in its written statement filed before the Labour Court, the respondent contended that the petitioner was not its employee but had been employed by the Housing Project Committee of the IBP-BL Group of Companies. However in its evidence and cross-examination, the respondent took a specific stand that though the petitioner had been engaged by the Management, this employment was solely for the purpose of a housing project, which employment came to an end when the project concluded. Based on the evidence led by the parties, the Labour Court passed the impugned award by observing as under-