(1.) The case of the petitioner before the Labour Court on reference under Section 10 (1) (c) of the Industrial Disputes Act, 1947 (for short "the Act") was that he served as a Chowkidar in the Govt. Senior Secondary School, Murthal, Sonepat from 1984 to 2007 when his services were dispensed with by a verbal order said to be spoken on 29.05.2007. This termination formed subject matter of the reference to the Labour Court, Panipat. It was claimed that the workman had completed 240 days of continuous service during the calendar year preceding the date of termination and that Section 25-F of the Act had been violated.
(2.) The respondent-School defended the action by pleading that the workman was a stranger to the school and there was, therefore, no relationship of employer and employee between the parties. There was no occasion with the respondent to terminate the services of a person who was not their employee. The onus to prove relationship of employment was on the workman. The petitioner failed to discharge the burden and onus on the issue which fell on him. No proof of salary or wages having been paid to the workman was produced on the record. There was neither appointment nor termination order. In the absence of any documentary evidence proving relationship of employment, the Labour Court has answered the reference against the workman.
(3.) The unsubstantiated oral testimony of the workman is not sufficient to prove relationship of master and servant. The only document on which the workman depended was an identity card issued by the Board of School Education, Haryana, Bhiwani (P-4) for purpose of examination duty is not sufficient evidence to prove employment. Receipt of stock of cement from M/s. Mittal Cement Store allegedly signed by the petitioner, as Chowkidar in receipt of material, and bills of M/s. Jai Karan Bhatta Co. or photographs (P-8) are not sufficient to reach the definite conclusion that the petitioner had worked for the School or that,in any case, had worked for 240 days preceding the date of alleged termination.