HC: Production of logbook is not sufficient proof of employer-employee relationship [Read Judgment]

The Delhi HC in, KRISHAN KUMAR SHARMA v. THE P.O. LABOUR COURT NO. VIII and ANR disposed of the decades-old industrial dispute case where the question of employer-employee relation arose by stating that merely producing the logbook does not count as sufficient proof to claim an employer-employee relationship.

Facts

The petition was filed challenging the two-decade-old award of the labor court wherein the industrial dispute case of the workman/petitioner against M/s Otis Elevators Co. India LTD. (hereinafter, the Management). The petitioner was appointed as a fitter in 1987 and three years after he was terminated, which led to the filing of the dispute. After some time, conciliation proceedings were concluded. As per the petition, the workman seeks reinstatement of the job with full wages and other legal facilities along with overtime wages. The respondents have contended that there existed no employer-employee relationship. The labor court ruled in the management's favour and the petitioners approached the high court.

Petitioners Contention

The counsel for petitioners contended that there was no appointment letter, or any other document, including a salary slip or insurance or payment of provident fund document, to the Workman. The workman however had various logbooks in his possession which was placed on record and even the Management's witness admitted to the documents in place. Furthermore, the Management's contention that they could not show their records due to fire in their office, an adverse inference can be drawn against them.

Respondents Contention

The Respondents relied on the judgment of SC in  Syed Yakub v. K.S.Radhakrishnan and others. , that in a writ of certiorari, it is only due to an error of jurisdiction or error of law that the Writ Court can interfere. The respondents contended against the reopening of the case stating that a writ of certiorari can’t be issued unless there was a mistake of law. Reliance was also made on Workmen of Nilgiri Coop. Mkt. Society Ltd. v. State of Tamil Nadu and Ors. to state that “There should be at least some evidence, apart from merely the control and organization test, to establish an employer-employee relationship.”

Court’s Judgement

After a perusal of the pieces of evidence placed on record and examining the petitioner’s contention along with his production of logbook, the court said, “The logbook, even if it is taken on face value, cannot be sufficient to prove that there is an employer-employee relationship” Apart from the logbook no material evidence could be placed on record to prove that there existed an employer-employee relationship. The inconsistencies in the cross-examination and the actual contentions served to be detrimental to his case. The court thus came to the conclusion that there was no error in the labor court’s decision and disposed of the petition.

Case Details

W.P.(C) 218/2001

Counsel for petitioner- Mr. Anuj Aggarwal, Advocate

Counsel for respondent- Ms. Raavi Birbal, Advocate for R-2

Coram- JUSTICE PRATHIBA M. SINGH

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