BHOPAL SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) This appeal filed under Clause 10 of the Letters Patent is directed against the judgment dated 4.2.2009 rendered by the learned Single Judge dismissing the writ petition filed by the petitioner-appellant holding that the petitioner-appellant was an employee of the contractor M/s S.D.S. Security Private Limited, New Delhi, and there existed no relationship of employer and employee between the petitioner-appellant and M/s E.E.L. Limited-respondent No. 3. It has been observed that while exercising jurisdiction of referring an industrial dispute under Sec. 10 of the Industrial Disputes Act, 1947 (for brevity, the Act) the appropriate Government could not altogether ignore the merits of the nature of the appointment. In that regard reliance has been placed by the learned Single Judge on the judgments of Honourable the Supreme Court rendered in the cases of Dhanbad Colliery Karamchari Sangh Vs. Union of India Vs. 1991 SUPP (2) SCC 10 and Steel Authority of India Vs. Union of India, 2006 (4) SCT 481 .

(2.) In the writ petition relatable to the instant appeal, the petitioner-appellant had challenged order dated 22.9.1999 (P-3) and order dated 15.11.2000 (P-5), whereby the reference sought by him under Sec. 10 of the Industrial Disputes Act, 1947 to the Labour Court, has been declined by the appropriate Government on the ground that there is no relationship of master and servant between the petitioner-appellant and respondent No. 3.

(3.) Having heard learned counsel for the parties and perusing the paper book with their able assistance, we are of the considered view that the matter is no longer res integra. The view taken in the impugned judgment was also taken by a learned Single Judge in the case of Karan Pal Singh Vs. State of Haryana and others (CWP No. 1287 of 2001, decided on 4.2.2009) , which was subject matter of challenge in LPA No. 1786 of 2010, decided on 17.5.2011. The Letters Patent Bench after noticing the observations made in paras 5 and 6 in an earlier Division Bench judgment of this Court rendered in the case of Gulshan Kumar Vs. State of Haryana (LPA No. 1786 of 2010, decided on 8.1.2010) allowed the said appeal. The view taken in Gulshan Kumars case (supra) Gulshan Kumars case (supra) reads thus: