- (1.) THIS appeal has been preferred against the order dated 13th July, 2007 passed by the learned single Judge upholding the order passed by the Labour Court who has been pleased to dismiss the reference initiated for adjudication of the question as to whether the Members of the appellant -union could be treated as workmen so as to claim any payment from the respondent -Management.
(2.) CIRCUMSTANCES giving rise to this appeal indicate that 45 Night Guards had been engaged by the residents of a colony of the Officers discharging duties in the IC1 India Limited. Gomia as there were cases of theft in the area and in order to protect themselves it was resolved by the residents of the Officers of the 1CI India Limited. Gomia that they will engage Night Guards and make payment to them for which certain financial assistance was granted by the Management. Admittedly, the payment was not made by the Management of the ICI India Limited and the payment was made by the residents of the colony. It is also an admitted fact that no order of appointment was ever issued to the members of the appellants -union and they were discharging duties as private Night Guards who were engaged by the Officers of the colony. As the members of the appellants -union failed to establish the relationship of employee and employer between the Night Guards, who are members of the appellants -union, with the Management of the ICI India Limited, Gomia, the Labour Court was pleased to reject the reference and refused to pass any award in favour of the workmen claiming wages as they had failed to establish the fact that they were workmen of the ICI India Limited. A categorical finding had been recorded by the Labour Court that the relationship of an employer and employee between the Management of the respondent -ICI India Limited, Gomia and the night guards could not be found as admittedly they had not been appointed by the respondent -Management nor they were paid wages by the respondent -Management. The members of the appellants -union, therefore, challenged the order passed by the Labour Court by filing a writ petition before the learned single Judge but the learned single Judge was also pleased to uphold the order passed by the Labour Court and dismissed the writ petition and hence this appeal has been preferred by the members of the appellants -union.
(3.) THE counsel for the appellant -union contended that the relationship of employer and employee stands established by the oral order of appointment as they were recognized as night guards by the respondent -Officers for which they also received financial assistance from the Management of the ICI India Limited, Gomia.;