RAMPHOOL SAINI Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) The petitioner workman is aggrieved of the award dated 8-3-2019 passed by the Labour Court No.1 Jaipur in LCR No.29/2001 (3/2011) dismissing his claim against the termination of service from 1-8-1999. The claim of the petitioner was that he was appointed as Class-IV employee in the office of Additional Engineer, PHED Bisalpur Project on 23-12-1986 and worked till 31-7-1999. He raised an industrial dispute alleging the retrenchment without following the provisions and in contravention of Section 25F, 25G and 25H of the Industrial Disputes Act, 1947 (hereinafter 'the Act of 1947'). On failure of the conciliation proceedings, a reference was made by the State Government to the Labour Court on the question whether the termination of the workman from 1-8-1999 was proper and valid? The department opposed the claim of the workman.

(2.) The Labour Court on the basis of evidence on record concluded that the workman was engaged through the Jaipur Ex- services Welfare Cooperative Society as such the workman failed to establish his relation of employee with the respondent department. Consequently, it dismissed the petitioner's claim vide award dated 8-3-2019. Hence this petition. Heard and considered.

(3.) Counsel for the petitioner has not been able to establish that the finding of fact arrived at by the Labour Court on appreciation of evidence is perverse. In fact a perusal of the impugned award indicates that the Labour Court has objectively considered the case of the workman and rightly concluded that there was no relationship of employer- employee between the petitioner workman and the respondent department as defined under Section 2(s) of the Act of 1947. In the circumstances, there is no occasion for this court to invoke its powers under Article 226 of the Constitution of India and interfere with the impugned award dated 8-3-2019.