T T PUBLIC SCHOOL Vs. PRESIDING OFFICER

JUDGEMENT

(1.) This Writ Petition is directed against the award dated 15.3.2001 passed by the Presiding Officer, Industrial Tribunal-cum-Labour Court, Faridabad (respondent No. 1) in Reference Case No. 280 of 1994 by which he was pleased to order the instatement of the respondent No. 2 (concerned workman) together with back wages and continuity in service. The petitioner is a School. It has been stated in Paragraph 2 that initially, the concerned workman was appointed as a "Chowkidar" on daily wages through a Contractor namely M/s. Continental Security Services, Faridabad. It has further been stated that the concerned workman, being the employee of the aforementioned M/s. Continental Security Services, remained on the job till 20.9.1993. It has also been stated that the petitioner School had received bills from the said Contractor for the service rendered by it and in terms of the bills, the petitioner School had made payments by cheques. In effect, therefore, the petitioner School stated that there Was no direct relationship of employer and employee between them and the concerned workmen till 20.9.1993.

(2.) On 21.9.1993, the concerned workman filed an application vide Annexure P-1 which was addressed to the Principal of the School wherein he stated that he had come to learn that there was a vacancy of a Security Guard in the School and therefore, he requested that he should be given a chance to serve the said School. This application was accompanied by a Biodata. It is stated that on the same day i.e., on. 21.9.1993, an appointment letter vide Annexure P-2, was issued to the concerned workman as a Security Guard on daily wages.

(3.) It has further been stated that the concerned workman continued working on daily wages till 10.5.1994 when he was paid full wages and relieved from duty.