Ram Bhateri vs Presiding Officer And Ors

This intra-court appeal is against the order dated 07.04.2015 passed by learned Single Judge in Civil Writ Petition No. 2906 of 2015 (for brevity 'the

writ petition')

The writ petition was filed challenging the award of Industrial Tribunal-cum-Labour Court-1, Gurgaon, (for short 'the Tribunal') dated 01.10.2010.

The claim for reinstatement along with consequential relief was declined.

The claim of the appellant was that he was appointed as Mali on 06.08.2003. She was drawing a salary of Rs.2700/- per month when her services

were illegally brought to an end on 06.08.2007. The grievance was that her services were terminated in breach of provisions of Section 25-F, 25-G

and 25-H of the Industrial Disputes Act, 1947 (for short 'the Act'). The respondents in defence denied the relationship of employer and employee. The

Tribunal vide award dated 01.10.2010 held that it was not proved that the workman had completed 240 days in a calendar year preceding her date of

termination. Further, it was held that there is no evidence to prove that workman was actually employed by the Management. The said order was not

interfered with while exercising jurisdiction under Article 226 of the Constitution of India.

Aggrieved of dismissal of writ petition, Letter Patent Appeal has been filed.

Learned counsel for the appellant contended that the learned Single Judge, erred in not considering the fact that appellant had worked from

06.08.2003 to 06.08.2007. He argued that the facts of the case have not been considered while dismissing the writ petition.

Learned counsel for the respondents defended the order of learned Single Judge.

Learned Single Judge, dismissed the writ petition as there was delay of four and half years in challenging the award of the Labour Court. The

award of 2010 was challenged by filing a writ petition in 2015. The appellant failed to adduce any evidence either before the Tribunal or in the High

Court to substantiate her claim. No letter of appointment, identity card, ESI Card, PF slip etc, was brought on record. Moreover, she in her cross-

examination stated that she possessed no document to show that she was employed with the management.

Considering the facts and circumstances of the case and the arguments of both the parties, no error is found in order of learned Single Judge.

Hence, the appeal is dismissed.