CHALET HOTELS LTD Vs. BHIKAN LAXMAN DEOKAR

JUDGEMENT

(1.) These Cross-Petitions are filed by the Employer-Chalet Hotels Ltd. and Workman-Bhikan Laxman Deokar challenging the Award, dtd. 29/1/2019 passed by the Presiding Officer, 7th Labour Court, Mumbai in Reference (IDA) No.20 of 2012. The Labour Court has answered the Reference partly in affirmative and has set aside the Termination Order, dtd. 28/12/2010 with further direction to the Employer to reinstate the Workman with continuity and 50% Back Wages to be computed on the basis of last wages drawn by him.

(2.) Chalet Hotels Ltd. operates a star category hotel under the brand name, 'Renaissance Mumbai Hotel & Convention Centre', which is referred to in the Judgment as 'the Hotel'. It is the case of the Hotel that it provides transportation services for catering to the needs of its patrons by engaging services of Third party Vendors on profit sharing business. That the transportation facility was earlier run and managed by M/s. Hertz Carzon Rent and thereafter by M/s. K.S. Enterprises and thereafter by M/s. Karma Management Consultant Pvt. Ltd and lastly M/s. Orix Auto Infrastructure Services Ltd. was engaged by the Hotel. That those agencies provided for transportation services to the patrons of the hotel by deputing its own resources like chauffeurs, drivers as well as vehicles. Additionally, the Hotel also has its own vehicles, which were also used by the agencies.

(3.) Mr. Bhikan Laxman Deokar (Workman) has worked as Driver for catering transportation services to the patrons of the Hotel. There is some degree of debate between the parties about the nature of his initial engagement. The Workman claims that he was initially recruited directly by the Hotel on 2/2/2002 and that he worked as Direct Employee of the Hotel till 3/2/2003. Thereafter, he was engaged through the Contractor M/s. K.S. Enterprises from 4/2/2003 to 6/2/2005 and through M/s. Karma Management Consultants Pvt. Ltd from 7/2/2005 to 1/7/2007. From 2/7/2007 onwards, he was engaged through the Contractor-M/s. Orix Auto Infrastructure Services Ltd. (Orix). Based on the Show Cause Notice, services of the Workman came to be terminated by Orix vide Letter, dtd. 28/12/2010 with immediate effect by paying one month's salary in lieu of notice. Aggrieved by his termination, the Workman raised a demand for reinstatement, which led to an order of Reference made by the Deputy Labour Commissioner, Conciliation, Mumbai. The Reference was for reinstatement of the Workman with continuity and Back Wages from 5/8/2010. The Workman filed his Statement of Claim before the Labour Court against the Hotel, as well as the Contractor-Orix and challenged Termination Order, dtd. 28/12/2010 and sought reinstatement in service with full Back Wages, permanency and continuity of service with the Hotel w.e.f. 5/8/2010. He also sought a declaration that the contract between the Hotel and Orix was sham and bogus. The claim was resisted by the Hotel as well as by Orix by filing their respective Written Statements. Based on the pleadings, issues were raised by the Labour Court on 22/10/2012 as under: