G DANIEL Vs. MANAGEMENT OF MOH LEATHERS

JUDGEMENT

(1.) Writ petition filed under Article 226 of the Constitution of India for the issue of writ of Certiorarified Mandamus as stated therein. The writ petition is directed against the award of the Labour Court dated 5.11.2004 passed in I.D.No.2119 of 1992. As per the award, the Labour Court, while dismissing the petition filed by the petitioner/workman under section 2A(2) of the Industrial Disputes Act,1947 seeking reinstatement, held that the non-employment of the petitioner is justified and the petitioner is not entitled for any relief.

(2.) The petitioner is stated to have entered in the service of the respondent management on 1.2.1986 as a Tailor and the management has engaged nearly 700 workers. It is stated that the petitioner has attempted to start a trade Union, which has resulted in the termination of the petitioner by the management on 28.7.1992. It is stated that the management was involved in some untoward incident and police complaint was given.

(3.) On the other hand, it is the contention of Mr.S.Ravindran, learned counsel for the respondent that there was no employer-employee relationship and the petitioner was doing only the contract service in the place of the management which had provided all amenities and therefore, as piece-rate worker, the petitioner is not entitled for any benefit and for that, he would rely upon the judgment in Silver Jubilee Tailoring House and others vs. Chief Inspector of Shops and Establishments and another, 1973 2 LLJ 495 apart from the judgment in Workmen of Nilgiri Co.operative Market Society Ltd., vs. State of Tamil Nadu and others, 2004 3 SCC 514.