MAURIYA UDYOG LIMITED Vs. PRESIDING OFFICER, LABOUR COURT

JUDGEMENT

(1.) M/s Mauriya Udyog Limited has filed the instant writ petition under Articles 226/227 of the Constitution of India seeking issuance of a writ in the nature of certiorari for quashing the award dated 3.6.1985 (Annexure P-2) passed by the Presiding Officer, Labour Court, Faridabad (hereinafter referred to as "the Labour Court'), vide which the application filed by respondent No. 2-workman under Section 33-C(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act') was allowed and he was held to be entitled to recover an amount of Rs. 15,000/- from the petitioner-management; and the order dated 24.3.1987 (An-nexure P-3) passed by the Labour Court, vide which the application filed by the petitioner-management for setting aside the ex-parte award dated 3.6.1985 was dismissed.

(2.) In the instant case, respondent No. 2 (hereinafter referred to as "the workman') filed an application under Section 33-C (2) of the Act for computation of Rs. 15,000/- as labour charges, which were illegally not paid by the petitioner-management. It was alleged by respondent-workman that he was engaged for fabrication of machines owned by the petitioner-management for a fixed amount of Rs. 20,000 - as labour charges. After completion of that work, the petitioner-management paid only Rs. 5,000 - to the respondent-workman. The remaining amount of Rs. 15,000 - was not paid, therefore, the respondent-workman filed the aforesaid application, which was contested by the petitioner-management. It was pleaded that the respondent-workman was engaged as an independent contractor for a job. He was required to complete his job within a period of two months, but he failed to do so, therefore, he was not paid the remaining amount, it was further pleaded that relationship of an employer and an employee did not exist between the parties. As such, the claim application filed by the respondent-workman was not maintainable.

(3.) On the pleadings of the parties, the Labour Court framed the following three issues:-