NATIONAL FERTILIZER LTD Vs. BHAGWAN DAS PAL

JUDGEMENT

(1.) This petition filed under Article 227 of the Constitution challenges the award of the Labour Court passed in Case No. 25/A/ID Act,/2000 (Ref.). The Labour Court No.1, Gwalior by said award answered the reference in favour of the workman and opined that termination of workman was not legal and justified. The workman was directed to be reinstated without back wages.

(2.) The brief facts necessary for adjudication of this matter are that, the workman was discontinued from service w.e.f. 23.10.1990. He assailed this action before this Court by filing W.P. No. 2257/90. After hearing both the parties, this Court by order dated 26.4.1996 allowed the petition with cost. The employer, feeling aggrieved by this, filed LPA No. 321/96. This LPA was decided by Division Bench by judgment dated 1.5.1999.

(3.) A plain reading of the order passed in W.P and stand of employer before W.P. shows that the Respondent (workman) contended that he was employee of petitioner, National Fertilizers Ltd. (NFL), whereas the stand of NFL shows that there was no employee - employer relation between it and the workman. In LPA, this court opined that this is a disputed question of fact and this aspect of employee -employer relation cannot be determined in a proceeding under Article 226 of the Constitution. Accordingly, the order of Writ court was set aside and the workman was relegated to avail the remedy under the Industrial Disputes Act, 1947.