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2023 Supreme(Del) 499

GAURANG KANTH
DINESH KUMAR – Appellant
Versus
PWD/CPWD – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sandeep Kumar Srivastava, Dinesh Kumar.
For the Respondents: Rishikesh Kumar, Aditya Raj.

JUDGMENT :

GAURANG KANTH, J.

1. The Petitioner/Workman in the present writ Petition is assailing the impugned Award dated 19.08.2008 passed by the Presiding Officer, Industrial Tribunal-II, Karkadooma Courts, Shahdara, Delhi in complaint case no. 02/2006. (“impugned award”).

2. Learned Labour Court, vide the impugned Award, was pleased to dismiss the Application filed by the Petitioner/Workman under Section 33(A) of the Industrial Disputes Act, 1947 (“ID Act”). Learned Labour Court was pleased to hold that the Petitioner/Workman was not an employee of Respondent No. 1/Management. Learned Labour Court further held that the Petitioner/Workman's termination was not effected by Respondent No. 1/Management as he was not an employee of Respondent No. 1/ Management.

FACTS RELEVANT FOR THE CONSIDERATION OF THE PRESENT WRIT PETITION:

3. The Petitioner/Workman was engaged as a Chowkidar by Respondent Nos. 2 and 3 (Contractors) and was deputed at the premises of Respondent No. 1/Management (PWD). It is the case of the Petitioner/Workman that he was engaged w.e.f. 02.01.1993 and was terminated w.e.f. 11.07.2005.

4. It is the case of the Petitioner/Workman that earlier the Secretary (Labour) NCT of D

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