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HARSH BUNGER
Sh. Parkash Chand – Appellant
Versus
Presiding Officer Industrial Tribunal-Cum-Labour Court – Respondent
| Table of Content |
|---|
| 1. initial filing of petition and background details (Para 1 , 2) |
| 2. legal and factual issues framed and tribunal findings (Para 3 , 4 , 5) |
| 3. evaluation of evidence regarding employment relationship (Para 6 , 7) |
| 4. court's rejection of petitioner's claims based on evidence (Para 8 , 9) |
| 5. final dismissal of writ petition (Para 10 , 11) |
JUDGMENT
Harsh Bunger, J. (Oral)
Petitioner (Parkash Chand) has filed the instant writ petition under Articles 226/227 of the Constitution of India, seeking a writ in the nature of certiorari/mandamus for quashing the impugned award dated 12.12.2019 (Annexure P-1); whereby, the reference under Section 10 (1)(c) of the Industrial Disputes Act, 1947 (here-in-after referred to as 'the Act, 1947') has been answered against him.
2. Briefly, the petitioner herein, raised an Industrial Dispute, wherein it was claimed that he was appointed as Fitter by respondent No.2-(Manager, M/s Medium Packing Private Limited, Kila No.16, Near CRPF Camp, Khevra Road, Bahalgarh, District Sonepat) in the month of March-2013 against monthly salary of Rs.7000/-. Petitioner claimed that he was discharging his duties till 26.06.2014 and his work and conduct had rema
The burden of proof lies on the workman to establish an employer-employee relationship, and failure to provide substantial evidence results in dismissal of claims under the Industrial Disputes Act, 1....
Termination of employment without departmental proceedings or opportunity to be heard is illegal under the Industrial Disputes Act, 1947.
Termination of daily wage workers under Section 25-F of the Industrial Disputes Act does not automatically entitle them to reinstatement; monetary compensation may be awarded instead.
The court upheld that the burden of proving continuous service and employee-employer relationship lies with the workman, which was not met, leading to dismissal of the claim based on delay and lack o....
The main legal point established in the judgment is that the absence of specified terms of employment and the temporary nature of the arrangement can influence the determination of an employer-employ....
The burden of proving the existence of an employer-employee relationship lies upon the person who sets up the plea. Without such a relationship, the question of termination of service or payment of b....
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