Bharat Sanchar Nigam Limited vs Bhurumal and another

M.M. Kumar, Acg. C.J.—This is an appeal under Clause 10 of the Letters Patent. There are concurrent findings of fact recorded by the Labour Court in its award dated 11.4.2011 and by the learned Single Judge in the judgment dated 27.7.2011 holding that there was not an iota of evidence to show that the workman-respondent No. 1 was employee of the contractor. It was found that he is an employee of the petitioner-appellant BSNL.

We have heard the learned Senior counsel, who has not been able to point out any evidence on record in support of the claim that the workman-respondent No. 1 is an employee of the contractor and not that of the appellant-BSNL. An attempt was made to show by referring to a contract between the employee and the contractor. But the document has not been proved as per the finding recorded by the Labour Court in its award by producing the contractor. The document was discarded. We are of the considered view that the concurrent findings recorded by the Labour Court as well as by the learned Single Judge would not warrant interference in this appeal and the same is accordingly dismissed.