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IN THE HIGH COURT AT CALCUTTA
LANUSUNGKUM JAMIR, RAI CHATTOPADHYAY
Central Bank of India – Appellant
Versus
Sanjay Sutradhar – Respondent
| Table of Content |
|---|
| 1. challenge to termination of service. (Para 1 , 2 , 3) |
| 2. details of employment and termination. (Para 4 , 5 , 6 , 7) |
| 3. appellant's arguments against employee status. (Para 8 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. respondent's arguments for employee status. (Para 17 , 19 , 20 , 22 , 23) |
| 5. court's supervisory role in appeals. (Para 29 , 30 , 31 , 32 , 33 , 34) |
| 6. dismissal of the appeal. (Para 35 , 36 , 37) |
JUDGMENT :
Rai Chattopadhyay, J.
1. A judgment of the Hon'ble Single Judge dated November 22, 2023, in writ petition No. WPA 8312 of 2020, is under challenge in the instant appeal. Likewise, the Award of the Central Government Industrial Tribunal dated November 11, 2019, which was challenged in the said writ petition and upheld by the Hon'ble Single Judge, has also been assailed here. The subject matter of dispute is in relation to the alleged unauthorised and illegal termination of service of the respondent No.1 by the present appellant and the respondent's claim for reinstatement in service. The dispute was referred for adjudication by the Central Government Industrial Tribunal cum Labour Court to adjudicate upon the following :
“Schedule Whether employer – employee rela
The absence of a formal appointment letter does not negate the existence of an employer-employee relationship, and termination without compliance with legal requirements is deemed illegal.
The burden of proof to establish an employer-employee relationship lies with the employee, and the court's interference in such disputes is limited to cases of perversity or lack of supporting eviden....
Point of Law- Termination of service - Reinstatement - while contesting the reference it is open to a party to raise pleadings that what was referred for adjudication was not an industrial dispute at....
Termination of service – Retrenchment – Workman was proved to have worked continuously on daily wage basis for more than five years.
The burden of proving the employer-employee relationship lies on the workman, and the court cannot interfere with the Labour Court's findings unless they are perverse or based on no evidence.
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