RAJINDER SINGH Vs. PAUL BUS SERVICE (REGD.), SANGRUR

JUDGEMENT

(1.) Two vehicles bearing registration No. PBS-5171 and PBS-971 were transferred by Paul Bus Service (Regd.), Sangrur to Mahavir Transport Company (Regd.), Sangrur. As a result, the petitioner, who was working as a conductor on one of these two buses was also transferred on Oct. 31, 1984. On Dec. 4, 1984, the services of the petitioner were terminated. Aggrieved by the action, the petitioner approached the Labour Court who vide its award of Jan. 28, 1988 had declined the claim. Hence this petition.

(2.) On consideration of the evidence, the Labour Court has recorded a finding of fact that the relationship of master and servant between the petitioner and Paul Bus Service is not proved. Further, it has been found by the Labour Court that the petitioner has not asserted that he was employed with Mahavir Transport Company. Accordingly, the prayer for reinstatement as also back wages has been rejected by the learned Labour Court.

(3.) Ms. Sabina, learned counsel for the petitioner has raised a two-fold contention. She submits that the actual transfer of permit was performed by the State Transport Commissioner on Jan. 10, 1986. The petitioner is to be deemed to have continued in the service of Paul Bus Service till the actual transfer was effected. In the alternative, she submits that on the transfer of the bus, the petitioner was to be deemed to be an employee of respondent No. 2 and the validity of the action in terminating his services deserved to be gone into by the Labour Court.