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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SANJAY VASHISTH
Managing Director, Haryana Agro Industries Corporation Limited – Appellant
Versus
Jasvir Singh – Respondent
JUDGMENT :
Sanjay Vashisth, J.
This petition and pending miscellaneous application(s), if any, stands disposed of, in terms of detailed observations made in the common judgment of even date, passed separately in CWP No. 24831 of 2023, titled as "Managing Director, Haryana Agro Industries Corporation Limited and another v. Joginder and others", and 10 connected cases, including present petition.Sr. No. | Case No. | Case Title | Arising out of Reference No. | Date of award passed by Industrial Tribunal-cum-Labour Court, Ambala | |
Petitioners | Respondents | ||||
01. | CWP-248312023 | Managing Director, Haryana Agro Industries Corporation Limited and another | Joginder and others | 246 of 2018 | 31.05.2023 |
02. | CWP-248412023 | Managing Director, Haryana Agro Industries Corporation Limited and another | Randhir and others | 257 of 2018 | 31.05.2023 |
03. | CWP-248772023 | Managing Director, Haryana Agro Industries Corporation Limited and another | Ram Niwas and another | 251 of 2018 | 06.06.2023 |
04. | CWP-248522023 | Managing Director, Haryana Agro Industries Corporation Limited and another | Baljeet @ Matru and others | 241 of 2018 | 07.06.2023 |
05. | CWP-248682023 | Managing Director, Haryana Agro Industries Corporation Limited and another | Vinod and others | 244 of 2018 | 07.06.2023 |
06. | CWP- | ||||
The burden of proof for continuous service of 240 days rests on the workman, and mere self-serving statements are insufficient to establish this claim.
The court determined that the tribunal misapplied the law regarding employment and erred in concluding the existence of an employer-employee relationship, necessitating the annulment of the reinstate....
The earlier ruling by the Central Administrative Tribunal was deemed a nullity due to lack of jurisdiction, allowing the workwoman's claim for reinstatement to be adjudicated afresh.
The court established that without clear evidence of direct employment, claims of an employer-employee relationship under contract labour provisions cannot succeed.
The court affirmed that a transfer of service is a lawful exercise of management's discretion and does not constitute termination unless explicitly stated in the employment contract.
Termination without notice or compensation violates the Industrial Disputes Act; recognition of continuous service applies despite temporary engagement gaps.
The submission of a forged educational document can justify the termination of employment.
A judgment contrary to the evidence or without evidence is perverse. Concession of counsel on such facts and law does not bind the party.Master-servant relationship.
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