Back
MANOJ BAJAJ
Jagdish Prasad Sharma – Appellant
Versus
Presiding Officer, Industrial Tribunal-cum-Labour Court-1, Gurugram – Respondent
| Table of Content |
|---|
| 1. facts surrounding the petitioner's service and termination. (Para 1 , 2) |
| 2. arguments regarding the petitioner's status as a workman. (Para 3 , 4) |
| 3. court's examination on the definition of workman. (Para 5 , 6 , 7) |
| 4. conclusion of no case for judicial review. (Para 8) |
JUDGMENT
Manoj Bajaj, J.
Petitioner has approached this Court under Article 226 Constitution of India seeking a writ in the nature of Certiorari to challenge the award dated 14.10.2022 passed by Industrial Tribunal-cum-Labour Court-I, Gurugram, whereby his claim raised under Section 2 -A(2) of Industrial Disputes Act, 1947, challenging the termination of services was decided against him.
2. Briefly the facts leading to the writ petition are that petitioner joined the respondent No.2-Company, namely, M/s Chetak Logistics Limited as Superintendent Grade-II, pursuant to the letter of appointment dated 01.04.2004 (Ex.PW1/1) and he continued to discharge his duties sincerely till 01.06.2020, when he was removed from the service. The petitioner visited the office of respondent No.2-Company on various occasions with a request to allow him to join the services, but his request was not considered favourably, t
The burden of proof regarding the status of an employee as a 'workman' lies with the employee, not the employer, as per the Industrial Disputes Act.
The central legal point established in the judgment is the interpretation of the term 'workmen' under Section 2(s) of the Industrial Disputes Act, 1947, and its application to determine the jurisdict....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
