PSB FINANCE AND LEASING LIMITED Vs. SURJEET SINGH

JUDGEMENT

(1.) THIS writ petition has been filed against award dated 18.1.2006 (Annexure P/6) passed by the Labour Court at Amritsar, ordering reinstatement of the respondent-workman with continuity of service and payment of 50% of the back wages. It was case of the respondent-workman that he was a permanent employee of the petitioner, his service was terminated on 30.6.2000 without any notice and also without payment of compensation, as was necessary under the provisions of Section 25-F of the Industrial Disputes Act, 1947. When conciliation proceedings failed, the matter was referred to the Labour Court, for adjudication. On notice, the petitioner management put in appearance and by filing reply to the claim application, relationship of master and servant was denied, by stating that the workman was working as a personal driver of the then Manager and was not an employee of the petitioner. To prove his claim, the respondentworkman appeared in the witness box and also produced Shri Swaran Singh, Clerk of the petitioner, as WW1, who has specifically admitted that the salary was being paid to the respondent-workman by the Company. To

(2.) SHOW that the said witness was employed with the petitioner, Identity Card, issued to Swaran Singh, was brought on record. Not only this, the respondent-workman also placed on record, the logbook, SHOWing entries, with regard to the Maruti Car bearing No.CH 7499. If the respondentworkman was a personal driver of the then Manager, it is very surprising as to why the logbook was being maintained. It is also apparent from record that after appearing for sometime, the petitioner-company failed to put in appearance and produce any evidence to rebut the evidence brought on record by the respondent-workman. No case is made out for interference. Dismissed.