SHIVNANDA SINGH Vs. STANDARD CHARTERED BANK AND ORS.

JUDGEMENT

(1.) The petitioner claiming himself to be a driver employed by the first respondent had made a request for a reference to the Tribunal on his retrenchment contending the same to have given rise to an industrial dispute. This request has been turned down by the impugned order.

(2.) According to the petitioner, he was appointed by the first respondent as a driver with effect from 1998 at a monthly salary of Rs. 3,500/ -. He was drawing salary from the first respondent. He was not issued any formal appointment letter by the first respondent. His services was terminated on October 19, 2002 illegally. In support of the contention that he was employed by the first respondent and was its employee, the petitioner relies upon various vouchers of the first respondent approving payment to him and the fact that the first respondent is the owner of the vehicle which he drove.

(3.) It is contended on behalf of the petitioner that, by the impugned writing dated September 12, 2003 the Government has decided the issue as to the existence of worker -employer relationship between the petitioner and the first respondent. The Government has no jurisdiction to do so. Reliance is placed on : All India Reporter 1989 Supreme Court page 1565 (Telco Convoy Drivers Mazdoor Sangh & Anr. v/s. State of Bihar & Ors.) and : All India Reporter 1978 Supreme Court page 481 (The Employers in relation to Punjab National Bank v/s. Ghulam Dastagir) in this regard.