AMAR KAUR Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) WHETHER the Labour Court must first entertain and decide the question that the relationship of employer and employee existed between the parities (where the same is controverted), in proceedings under Section 33 -C(2) of the Industrial Disputes Act, 1947 - -is the meaningful question which has necessitated this reference to the Larger Bench.

(2.) THE facts are not in dispute and fall indeed within a narrow compass. The Petitioner along with others had preferred applications under Section 33 -C(2) of the Industrial Disputes Act, 1947 (hereinafter called 'the Act') before the Labour Court, Ludhiana, seeking various reliefs like notice pay, retrenchment compensation and wages on account of leave etc. from their employers Messrs: P.K. Oswal Hosiery Mills, Ludhiana. The Respondent -Management, straightaway denied the relationship of employer and employee between the parties and took up the firm stand that the applications were not maintainable and were liable to be rejected on this score alone. Several other objections were also taken regarding the maintainability of the application. On the aforesaid material question, the Labour Court framed the following issues:

(3.) I am inclined to take the view that so far as this Court is concerned, the Gordian knot of controversy has now been cleanly cut in recent decision of this Court to which reference follows. This apart, I am equally of the view that the matter also stands concluded in favour of the Petitioner by way of analogous observations of the final Court, which are equally attracted to the situation.