Back
IN THE HIGH COURT AT CALCUTTA
LANUSUNGKUM JAMIR, RAI CHATTOPADHYAY
Central Bank of India – Appellant
Versus
Sanjay Sutradhar – Respondent
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 relationship existed between Shri Sanjay Sutradhar and the Central Bank of India, in relation to Hill Cart Road Branch, Siliguri? If yes, whether the termination of Shri Sanjay Sutradhar from service w.e.f. 31st December, 2007 is justified and legal? What relief the workman is entitled to?”
2. On contest, the Tribunal has passed an Award dated November 11, 2019, thereby holding inter alia that the respondent No.1 has bee
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.
The main legal point established in the judgment is that continuous service as a messenger for a significant period and unfair termination without notice or payment of wages in lieu of notice amount ....
The main legal point established in the judgment is the requirement to prove the contents of documents by primary evidence or secondary evidence under Sections 61 and 65 of the Evidence Act.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
