SRI GAGANAGAR URBAN CO Vs. GURJEET SINGH S/O SHRI GYAN SINGH, B/C KAMBOZ SIKH, R/O PREM NAGAR, HANUMANGARH TOWN, DISTRICT HANUMANGARH

JUDGEMENT

(1.) Petitioner-employer has preferred this writ petition under Art. 226 and 227 of the Constitution of India to assail impugned award dated 30th of April, 2002 (Ex.5) passed by learned Labour Court-cum-Industrial Tribunal, Sriganganagar while adjudicating Labour Reference Case No.43/2001.

(2.) Succinctly stated, the facts of the case are that first respondent-workman was employed by petitioner as Clerk w.e.f. 20th of May, 1994 and he continued to work upto 27th of Jan. 1999 without any break. Later on, services of respondentworkman were dispensed with by issuing order dated 27th of Jan. 1999. Feeling aggrieved by the aforesaid order, respondent raised an industrial dispute, wherein he questioned his termination from services on the anvil of being violative of Chapter V-A of the Industrial Disputes Act, 1947 (for short, Act of 1947). Respondent workman specifically pleaded that retrenchment order is passed in gross violation of mandatory provisions contained in Sections 25-F, 25-G, and 25-H of the Act of 1947. After failure of conciliation proceedings, the matter was sent to appropriate Government and thereupon the appropriate Government by its notification dated 15th of March, 2001 made following reference for adjudication :-

(3.) Upon receiving the reference notification, case is registered by the learned Labour Court and the respondent-workman submitted his statement of claim. Statement of claim is replied by the petitioner-employer. In the return, petitioner-employer questioned the validity of appointment of the respondentworkman inasmuch as on its behalf it is submitted that the same was de-hors the law. It is further pleaded in the reply that, in fact, respondent was employed through contractor and as such he is not a workman within the four corners of Sec. 2(s) of the Act of 1947.