LATE SHRI AJIT SINGH S/O SHRI BACHHA SINGH THROUGH HIS LEGAL REPRESENTATIVE SMT. PINKI W/O LATE SH. AJEET KUMAR, BY CASTE RAJPUT, AGED ABOUT 32 YEARS, RESIDENT OF PLOT NO. 20A, GANDHI COLONY, PAWANPURI, TEHSIL & DISTRICT BIKANER (RAJASTHAN) Vs. THE JUDGE LABOUR COURT AND INDUSTRIAL TRIBUNAL, SRI GANGANAGAR

JUDGEMENT

(1.) This petition is directed against award dated 20.9.03 passed by the Industrial Tribunal-cum-Labour Court, Sriganganagar, in Industrial Dispute Case No. 4/02, whereby while adjudicating the reference made by the State Government vide notification dated 21.3.02, it is held that the employer and workman relationship between the petitioner and the respondents is not established and therefore, the petitioner is not entitled for any relief.

(2.) The relevant facts are that the petitioner was engaged as Plant Operator/Worker under the respondent-employer in the Milk Processing Plant situated at Hanumangarh vide oral order dated 1.3.96. The petitioner raised an industrial dispute before the Conciliation Officer for regularisation of his services and the benefits admissible to a permanent employee in the respondents' establishment. During the pendency of the proceedings before the Conciliation Officer, the respondent employer terminated the services of the petitioner w.e.f. 17.7.2000. Consequently, the petitioner preferred an application before the Labour Court under Sec. 33A of the Industrial Disputes Act, 1947 (for short the Act ). The application was dismissed by the Labour Court vide order dated 5.9.01. In the meantime, on failure of the conciliation proceedings, the Conciliation Officer submitted the failure report and the appropriate Government in its turn vide notification dated 21.3.02, referred the dispute for adjudication to the Labour Court in the following terms:

(3.) The petitioner questioned the legality of order dated 5.9.01 by way of S.B.C.Writ Petition No. 2724/02, which was allowed by this court vide order dated 2.9.02 and the Labour Court was directed to consider the application of the petitioner under Sec. 33A as reference along with the reference for regularisation of the petitioner's services made by the State Government. Accordingly, the Labour Court consolidated the reference made by the appropriate Government and the application preferred by the petitioner under Sec. 33A of the Act as aforesaid.