Managing Director, Dausa ... vs Jalsingh Gurjar S/O Shri Radha ...
2022 Latest Caselaw 4262 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

          D.B. Civil Special Appeal (Writ) No. 743/2022
                                      In
               S.B. Civil Writ Petition No.5350/2022
1.     Managing     Director,      Dausa        Kendriya       Sahakari   Bank
       Limited, Sahkar Bhawan, Khan Bhankari Road, Dausa
       Through Its Officer In-Charge.
2.     Branch Manager, Dausa Kendriya Sahakari Bank Limited,
       Branch Mahua, Dausa.
                                                                 ----Appellant
                                  Versus
Jalsingh Gurjar S/o Shri Radha Kishan, R/o Village and Post
Office Ronsi Tehsil Nadoti District Karauli.
                                                               ----Respondent

For Appellant(s) : Mr. Vibhor Sharma Advocate.

HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MRS. JUSTICE SHUBHA MEHTA

Judgment / Order

28/06/2022

Heard.

This appeal is directed against the order dated 07.04.2022

passed by the learned Single Judge in the writ petition filed by the

appellant-Bank wherein an award of the Labour Court granting

reinstatement was assailed, though unsuccessfully.

The argument of learned counsel for the appellant-Bank is

that the respondent-workman was engaged through another

agency to work as a watchman and there was no relationship of

employer and workman between them. He would next submit that

adverse inference ought not to have been drawn merely because

(2 of 2) [SAW-743/2022]

various records maintained by the appellant-Bank were not

produced before the Labour Court.

We have gone through the order passed by the learned

Labour Court as well as the order passed by the learned Single

Judge.

There is nothing on record to show that in reply to the

statement of claim of the respondent-workman, any stand was

taken by the appellant-Bank that the respondent-workman was

engaged through an agency and some agreement was executed.

Apparently, while challenging the award before the Writ Court,

altogether new and afterthought stand was taken by the

appellant-Bank making out a case which is completely inconsistent

with what was stated before the Labour Court by the appellant-

Bank.

Reply to the statement of claim having not contained any

such stipulation and the appellant-Bank having failed to produce

any agreement of engagement with the placement agency, that

point cannot be allowed to be raised before the Writ Court.

Moreover, we find that the learned Labour Court, apart from

examination of the oral evidence on record, has also taken into

consideration the failure on the part of the appellant-Bank-

employer to produce any record to indicate that the record did not

contain any details of the respondent-workman.

Therefore, the appeal, being devoid of merit, is hereby

dismissed.

(SHUBHA MEHTA),J (MANINDRA MOHAN SHRIVASTAVA),J

Sanjay Kumawat-27

Powered by TCPDF (www.tcpdf.org)