Heard learned counsel for the parties.
We have gone through the demand notice issued by the appellant and the
statement made by him before the Labour Court, in which the appellant has not
claimed that he has worked for 240 days continuously in one year from the date of his
alleged employment till the date of his termination by the respondent.
The award of the Labour Court reveals that the appellant has not produced his
engagement letter or any other documentary evidence to show that he was an
employee of the respondent. On the contrary, the records show that the appellant
was an employee of some contractor through
contd...2/-
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whom he was paid daily wages on vouchers basis. The evidence adduced on record
does not prove that the appellant was an employee of the respondent and his services
were illegally terminated by the respondent. The Labour Court recorded award
against the appellant which has been affirmed by the High Court.
We do not find any infirmity in the impugned order of the High Court which
calls for interference. The appeal is accordingly dismissed with no order as to costs.
(V.S. SIRPURKAR) NEW DELHI, November 5, 2008.