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2007 Supreme(P&H) 2003

ADARSH KUMAR GOEL, AJAI LAMBA
Director Maharaj Agarsen Medical Research And Education Society – Appellant
Versus
Presiding Officer, Industrial Tribunal-cum-labour Court, Hisar – Respondent


Judgment

, J.

1. This petition seeks quashing of award dated 1.12.2004, Annexure P. 1, directing reinstatement of respondent No. 2 workman with 50% back wages from 22.1.2001, the date of demand notice to the date of publication of the award and full wages thereafter.

2. The dispute raised by the respondent No. 2 workman was that he worked as a Mali (Gardner) from 8.8.1997 to 4.4.1999 when his services were terminated in violation of provisions of Section 25-F of the Industrial Disputes Act, 1947 (in short, the Act.)

3. The management contested the claim and stated that the workman was employee of a contractor and the management neither engaged him nor terminated his services.

4. The Labour Court rejected the stand of the management by observing that even name of the contractor has not been disclosed in the pleadings. A suggestion was given to the workman that he was employed by Bhagat Ram and Sher Singh, which he denied. Bhagat Ram and Sher Singh were examined by the workman, who stated that they themselves were employees of the petitioner- management.

5. The management produced documents Exhibits M.W.1 and M.W.2 to prove the contracts but being photo copies, the same were not accep







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