EXECUTIVE ENGINEER, BSNL CIVIL DIVISION Vs. KRISHAN CHAND

JUDGEMENT

(1.) CMP(M) No.660 of 2017.

(2.) By medium of this Letters Patent Appeal, the appellant has assailed the judgment passed by the learned writ Court whereby it affirmed the findings rendered by the learned Industrial Tribunal-cum-Labour Court (for short "Labour Court") and dismissed the writ petition filed by the appellant.

(3.) It is vehemently argued by the learned counsel for the appellant that the learned Labour Court had passed the impugned award by drawing an adverse inference against it that too without affording an opportunity for filing written and addressing oral arguments. It is further argued that the learned writ Court fell in error in not considering that the respondents were not the employees of the appellant and were the workers supplied on out source basis by 'M/s Jaswant Singh and Sons'. Lastly, it is argued that the services of the respondents stood terminated on the expiry of the term of the contract and, therefore, there was no occasion either for the learned Labour Court or even for the learned writ Court to have directed their reinstatement.