J U D G M E N T

SATISH CHANDRA SHARMA, C.J.

1. The present Letters Patent Appeal (LPA) is arising out of order dated 11.01.2023 passed in W.P.(C.) No. 3729/2019, by which the learned Single Judge has dismissed the writ petition preferred by the Appellant upholding the Award dated 07.03.2019 passed by the Labour Court in LID No.398/16 (Old No.347/14) titled Sh. J.S. Malik v. M/s. Energy Infrastructure (India) Ltd, wherein the Labour Court has held that the Appellant/ Claimant is not a „Workman‟ within the meaning of Section 2(s) of the Industrial Disputes Act, 1947 (I.D. Act).

2. The facts of the case reveal that the Appellant was appointed on

28.04.1989 as Secretary in the services of M/s. Wimco Ltd.

3. The facts further reveal that in the year 1995 M/s. Energy Infrastructure was incorporated in its erstwhile name, i.e. Wimco Petrogas Limited under the control of Mr. Shiv Kumar Jatia, Managing Director of Wimco Limited and the Respondent No.1 M/s Energy Infrastructure (India) Ltd was based out of the same premises as Wimco Limited. The Appellant was transferred to M/s Energy Infrastructure (India) Ltd vide letter dated 24.02.1998, with the transfer being in effect from 01.04.1998 and he