RAKESH SHARMA Vs. INDIAN OIL CORPORATION

JUDGEMENT

(1.) The instant Letters Patent Appeal has been preferred by the appellant (writ petitioner) against the impugned order dtd. 21/8/2019 passed by the learned writ Court, whereby the writ petition filed by him was dismissed.

(2.) Brief facts of the case, as setup by the appellant, are that he was engaged by respondent No.1 Indian Oil Corporation (hereinafter referred to as the 'Corporation') as Electrical Helper on 23/3/1996 at LPG Bottling Plant, Baddi, District Solan, H.P. and he worked continuously there for about 4 1/2 years. On 4/8/2000, his services were terminated by the Corporation without any reason and without complying with the provisions of Sec. 25F of the Industrial Disputes Act, 1947 (for short, the 'Act'). Resultantly, the appellant raised the industrial dispute and accordingly the matter was referred to the Central Government Industrial TribunalcumLabour Court, Chandigarh for adjudication. The reference was formulated as under:-

(3.) The reference was answered against the appellant, vide award dtd. 31/1/2013 passed by the learned Industrial TribunalcumLabour Court below. Feeling aggrieved and dissatisfied against the award dtd. 31/1/2013, the appellant preferred a writ petition being CWP No.8497 of 2013 and after hearing learned counsel for the parties, the learned writ Court had dismissed the writ petition, vide the impugned order dtd. 21/8/2019, on the ground that the appellant had failed to establish the relationship of master and servant between him and the Corporation. Consequently, the appellant preferred the instant appeal against the aforesaid impugned order dtd. 21/8/2019.