D.K. Seth, J. - (1.) The award dated 21.12.1982 passed by the Labour Court (IV) U. P. Kanpur in Adjudication Case No. 47 of 1982 has been challenged in this writ petition.
(2.) The facts giving rise to the dispute adjudicated in the present case is that the respondent No. 2 was engaged by one Sri D. Chatterjee, Regional Manager of petitioner Company as driver and that his services were terminated w.e.f. 23.10.1979, though the employee was engaged by the Regional Manager and used to be paid Rs. 300 per month as salary, by the said Regional Manager, the said amount of Rs. 300 was reimbursed by the employer through the Regional Manager along with travelling allowance of Rs. 12 per day. On these facts, the Labour Court has come to the finding to the effect that there was a relationship of employer and employee, between the respondent No. 2 and the employer, and, therefore, he had awarded re-instatement of the respondent No. 2 with continuity and with full back wages.
(3.) Sri Vijay Sinha, learned counsel, assisting Sri V. B. Singh, learned counsel for the petitioner, contends that there was no relationship of employer and employee between the employer and respondent No. 2. The respondent No. 2 was a personal driver engaged by the Regional Manager and In terms of his engagement he was entitled for the reimbursement as part of his salary as wages. The reimbursement is part of the salary paid to the Regional Manager and not to the respondent No. 2. He has also contended that there was no other relationship between the respondent No. 2 and the employer. The engagement was not made by the company but the engagement was given by the Regional Manager himself. Therefore, according to him, in this case, award is wholly perverse and is liable to be set aside. He had drawn my attention to Annexures-5 and 10 to the writ petition to show that where he had himself admitted that he had been working with the Regional Manager and particularly in Annexure-5 he had himself admitted that he was the personal driver of the Regional Manager.;