MOTI CHAND Vs. SENIOR DIVISIONAL MANAGER

JUDGEMENT

(1.) This is an intra-court appeal under Clause X of the Letters Patent against an order and judgment dtd. 2/8/2018 rendered by the learned Single Judge, vide which the writ petition preferred by the appellant against the award passed by Labour Court, dtd. 8/11/2013, declining his claim has since been dismissed.

(2.) In defence, it was pleaded by the respondent(s) that there never existed any relationship of an employee and an employer between the parties, for the appellant was merely a caretaker Contractor to whom the contract of attending the Guest House of the Corporation was awarded on a monthly payment of Rs.700.00. To begin with, the contractual period was 12 months, which was extended from time to time. And, subsequently, he was assigned a contract in respect of another Guest House of the Corporation in Sector 15, Chandigarh. The contract between the parties was last extended on 1/6/2000 for a period of 12 months, which expired on 31/5/2001. In fact, inspection of the Guest House was conducted by the Committee on 27/5/2000 and since the appellant was found to have breached the terms of the contract and had committed serious irregularities, he was served with a show cause notice dtd. 31/5/2000 as to why his contract be not cancelled. And after obtaining his reply, which was not found to be satisfactory, a conscious decision was taken not to extend his contract after 31/5/2001.

(3.) You will be required to contact our Estate Sec. of OS Deptt. daily. It would be your exclusive responsibility to attend the Guest House at all times. You will also make arrangements to depute some other dependable and responsible person to attend the Guest House in your absence as and when you would be compelled due to certain unavoidable circumstances not to attend the Guest House. The necessary suitable arrangement for deputing such a person will be made by you at your own cost.