JUDGMENT

Harsh Bunger, J.(Oral)

Ram Lal (petitioner) has filed the present petition under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of Certiorari for quashing of award dated 05.04.2013 (Annexure P-4) passed by the Presiding Officer, Industrial Tribunal, Bathinda, vide which reference has been held against the petitioner/workman.

2. Briefly, the petitioner claims to have been appointed as a Chowkidar on 14.06.2000 by respondent No.4 (Inspector, Punjab Agro Food Grain Corporation, Fazilka Road, Abohar, District Fazilka) and he claims to have worked up to 30.08.2003 at a salary of Rs.1,800/- per month. As per the petitioner, his services were terminated, w.e.f. 30.08.2003, without issuance of any charge-sheet, show cause notice or inquiry. Thereafter, the petitioner is stated to have submitted Demand Notice dated 08.09.2003 (Annexure P-1) under Section 2 A of the Industrial Disputes Act and the matter was referred for adjudication to the Industrial Tribunal, Bathinda. The petitioner submitted Statement of Claim dated 25.08.2004 (Annexure P-2) before the Industrial Tribunal, Bathinda and the said claim was contested by the respondent-Management by filing its written statement (Annexure P-3). The aforesaid reference came to be rejected/declined vide award dated 05.04.2013 (Annexure P-4) passed by the Presiding Officer, Industrial Tribunal, Bathinda by holding that the petitioner failed to establish the relationship of employer and employee. It was further held that the petitioner was an employee of M/s Terrier Utility Services Pvt. Ltd., Chandigarh, which was engaged by Punjab Agro Industrial Corporation Limited for doing the work and the petitioner was an employee of that Company and therefore, claim of the petitioner regarding his reinstatement with continuity of service and full back wages was without any merits.

3. Being dissatisfied with the aforesaid award dated 05.04.2013 (Annexure P-4), the petitioner filed the instant writ petition by submitting that the learned Industrial Tribunal, Bathinda has wrongly rejected his claim and that too without considering the document Ex. W-1 (Annexure P-5), vide which the Punjab Agro Industrial Corporation, Ferozepur deposited the Employee's Provident Fund of the petitioner before the Employees' Provident Fund Commissioner, Bathinda, which shows that the petitioner was an employee of the Punjab Agro Industrial Corporation, Ferozepur. It is claimed that had the petitioner not been the employee of the said Corporation then the Employee's Provident Fund would not have been deposited by the Corporation. It is claimed that the petitioner was appointed by the Corporation and he worked as a Chowkidar from 14.06.2000 to 30.08.2003 and thus, the Tribunal had committed a grave error by declining the reference of the petitioner. It is also claimed that the petitioner was never named as an employee of the M/s Terrier Utility Services Pvt. Ltd., Chandigarh. Accordingly, it is prayed that the present writ petition be allowed by quashing award dated 05.04.2013 (Annexure P-4) passed by the Presiding Officer, Industrial Tribunal, Bathinda and consequential relief be granted to the petitioner.

4. Upon issuance of notice in this case, reply has been filed on behalf of respondents No.2 to 4, which is already on record, wherein it is stated that the respondents had engaged a contractor, i.e. M/s Terrier Utility Services Pvt. Ltd., Chandigarh, by executing an agreement, whereunder the contractor company was to provide the labour for the prescribed work and for t