ASHOK KUMAR S/O LATE SHRI NARAIN SHARMA, AGE Vs. JUDGE LABOUR COURT CUM INDUSTRIAL TRIBUNAL, AJMER
LAWS(RAJ)-2016-9-21
HIGH COURT OF RAJASTHAN
Decided on September 07,2016

Ashok Kumar S/O Late Shri Narain Sharma, Age Appellant
VERSUS
Judge Labour Court Cum Industrial Tribunal, Ajmer Respondents

JUDGEMENT

Anupinder Singh Grewal, J. - (1.) - The petitioner has challenged the award of the Labour Court dated 15.02.2007 whereby the claim of the petitioner challenging his termination and seeking reinstatement in service has been rejected.
(2.) The petitioner/workman is stated to have been appointed on daily wages at the rate of Rs. 40/- per day by the Municipal Board, Puskar on 01.09.1997 for collection of tax at Octroi post. He is stated to have worked continuously till 24.01.2002 whereon his services were terminated by the respondent No.3. The petitioner raised Industrial Dispute which was referred to the Labour Court and the Labour Court vide impugned award has rejected the claim of the petitioner.
(3.) Learned counsel for the petitioner has contended that the Labour Court has erred in law in rejecting the claim on the ground that he was working only on contract and has not furnished any evidence to indicate that he was in the employment of the respondents. He further contends that the petitioner along with ten other workmen had earlier preferred petition before the Competent Authority under the Payment of Wages Act as the salary for the period of 9 months had not been paid. The Competent Authority vide order dated 18.06.2001 had directed the payment of the salary along with compensation which had not been challenged by the respondents.;


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