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2022 Supreme(Del) 2217

DINESH KUMAR SHARMA
Kaushal Kishor Singh – Appellant
Versus
Sita Kuoni World Travel India Ltd. – Respondent


Advocates appeared:
Mr. F.C. Verma, Advocate, for the Petitioner.
Mr. Alok Bhasin, Advocate, for the Respondent.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral):

Background Facts

1. The present writ petition has been moved by the petitioner workman impugning and seeking to set aside the order dated 07.06.2018 passed by Sh. Lokesh Kumar Sharma, Ld. Presiding Officer, Labour Court- XIX, Dwarka Courts, in L.I.R. No. 202/16, whereby the learned Labour Court held that the workman has failed to establish the existence of employer-employee relationship and therefore the question of illegal or unjustifiable termination did not arise and dismissed the statement of claim of the workman for being devoid of any merits.

2. Briefly stated the facts as alleged in the petition are that the petitioner workman joined the services of the respondent management as an Approved Part Time Foreign Language Linguist Guide in the year 2011 for around three years. Admittedly, petitioner was not issued any appointment letter.

3. The respondent management vide an email dated 25.03.2014, illegally terminated the services of the petitioner workman, without giving any notice, holding any inquiry, or assigning any valid reason.

4. Aggrieved, the petitioner workman sent a demand notice dated 01.09.2014 to the management, although no

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