Shri Mohinder Singh vs The State Of Nct Of Delhi And Others
2009 Latest Caselaw 3755 Del

*           IN THE HIGH COURT OF DELHI AT NEW DELHI

+                       W.P.(C.) No. 3220/2008

%                  Date of Decision: 14th September, 2009

# SH. MOHINDER SINGH
                                                       ..... PETITIONER
!                  Through:   Mr. Narain Bhatia, Advocate.

                                 VERSUS

$THE STATE OF NCT OF DELHI & ORS.
                                                         .....RESPONDENTS

^ Through: Mr. K.S.Nishal for respondent No. 4.

CORAM:

Hon'ble MR. JUSTICE S.N. AGGARWAL

1. Whether reporters of Local paper may be allowed to see the judgment? NO

2. To be referred to the reporter or not? NO

3. Whether the judgment should be reported in the Digest? NO

S.N.AGGARWAL, J (ORAL)

The petitioner in this writ petition seeks to challenge an industrial

award dated 20.12.2007 in ID No.817/06/03 by which he has been denied

any relief for his alleged termination from the services by the

management of the respondent w.e.f. 29.04.2002.

2 I have heard the arguments of the learned counsel for both parties

and have also perused the record of the court below.

3 The court below, on the basis of cogent evidence discussed in the

impugned award, has arrived at a conclusion that there was no

relationship of employer and employee between the parties. I do not find

any reason to interfere with the said finding of fact contained in the

impugned award. It may be noted that the petitioner had raised an

industrial dispute with regard to his alleged termination against the

management of M/s Pramod Kumar & Company. This is evident from the

order of reference, a copy of which is at page 15 of the paper book. After

the reference was made by the Government to the Labour Court, the

petitioner filed a statement of claim against the management of M/s

Chandhok & Mr. Pramod Kumar, A-83/5, Industrial Area, Wazirpur, Delhi-

110052. The management of M/s Pramod Kumar & Company in its written

statement filed to the statement of claim of the petitioner denied the

relationship of employer and employee between the parties. It was stated

by the management of M/s Pramod Kumar & Company in its written

statement that to its knowledge the petitioner was working with Shree

Girraj Rolling Mills operating from premises No. C-16/1, Wazirpur,

Industrial Area, Delhi-110052 and according to the management of M/s

Pramod Kumar & Company, the reference was bad for mis-joinder of

parties.

4 The petitioner in his cross-examination admitted that there was no

management in the name of M/s Chandhok and Mr. Pramod Kumar in

existence. He further admitted that the management of M/s Pramod

Kumar & Company is working at A-883/5, Wazirpur Industrial Area, Delhi.

He also admitted that ESI card that was issued to him does not belong to

M/s Pramod Kumar & Company. The petitioner candidly admitted in his

cross-examination before the Labour Court that he had worked with M/s

Girraj Rolling Mills at C-16/1, Wazirpur Industrial Area, Delhi and that the

ESI card filed on record was issued to him by the said management. The

cross-examination of the petitioner is at page 37 of the Labour Court file.

The court below has taken all these admissions into account while

concluding that there was no relationship of employer and employee

between the parties and for that reason, rightly declined the relief to the

petitioner.

5 In view of what has been stated above, I do not find any infirmity,

perversity or illegality in the impugned award that may call for an

interference by this Court in exercise of its writ jurisdiction under Article

226 of the Constitution. This writ petition therefore fails and is hereby

dismissed in limine. LCR be sent back forthwith.

September 14, 2009,                                    S.N.AGGARWAL, J
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