DEVENDRA KUMAR Vs. CHIEF MANAGER

JUDGEMENT

(1.) By way of filing the instant writ petition, the petitioner has challenged the award dtd. 24/2/2022 passed by Labour Court, Kota in LCR No. 49/2011 (CIS No. 966/2014), whereby reference has been answered against the petitioner-workman and his claim has been rejected.

(2.) Relevant facts of the case are that the petitioner was initially engaged in the year 2007 as labour in respondent- Corporation pursuant to order dtd. 15/10/2007. It has been contended by the petitioner in memo of writ petition that he was discharging his duties on 'Piece Rate Basis' from the date of appointment, however, without issuing any notice and in non- compliance of provision of Ss. 25F, 25G and 25H of the Industrial Disputes Act, 1947 (for short, 'the Act of 1947'), his services were terminated. Feeling aggrieved, the petitioner raised the Industrial Dispute, which was ultimately referred to the Labour Court vide Notification dtd. 8/8/2011. The terms of reference were as to whether there was any relationship of workman and employer between the petitioner and RSRTC or not and if 'Yes' as to whether terminating the petitioner a 'piece rated worker' from services w.e.f. 12/11/2008 was valid or not; and if not for which relief the workman was entitled to.

(3.) Learned counsel for the petitioner has submitted that by holding that the petitioner was a 'piece rated worker' hence does not come within the definition of workman prescribed under Sec. 25F, the Labour Court has committed serious error and jurisdiction of law. Counsel would also submit that Labour Court has also erred in holding that the petitioner could not establish relationship of workman and employer between the petitioner and respondent corporations, hence, on the basis of such erroneous finding the petitioner has wrongly been non-suited. Hence, he prayed for quashing the award dtd. 24/2/2022.