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2023 Supreme(Del) 5815

SATISH CHANDRA SHARMA, SANJEEV NARULA
Rohit Panjwani – Appellant
Versus
Bses Rajdhani Power Limited – Respondent


Advocates appeared:
Mr. Mohit Kumar Gupta, Advocate, for the Appellant.
Mr. Sandeep Prabhakar, Mr. Vikas Mehta & Mr. Ishaan Lamba, Advocates, for the Respondents No.1 & 2.

JUDGMENT

Satish Chandra Sharma, C.J. (Oral) - The present Letters Patent Appeal is arising out of judgment dated 18.04.2023 passed in W.P.(C.) No. 4831/2023, by which the learned Single Judge has affirmed the Award dated 28.10.2022 passed by the Labour Court in LID No.583/2016.

2. The facts of the case reveal that the appellant/workman was appointed as Field Executive on 12.01.2004 by M/s Safeguards Manpower Consultants and he was directed to work with M/s BSES Rajdhani Power Ltd.(BSES-RPL), w.e.f. 13.01.2004 to 30.09.2006.

3. The facts further reveal that the name of the company M/s Safeguards Manpower Consultants was subsequently changed to M/s Safeguards Human Resourcing Pvt. Ltd. and the workman continued to work with the employer as he was appointed by M/s Safeguards Human Resourcing Pvt. Ltd. though he was offering his services at BSES-RPL. He continued to work up to 28.06.2013 and his services were terminated - as stated by the workman, on 28.06.2013.

4. Against his discontinuance, the workman took shelter under the provisions of the Industrial Disputes Act, 1947 (ID Act) and approached the Labour Court. The following issues were framed by the Labour Court:

    "i. Whether there exis

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