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by Admin
07 May 2024 2:49 AM
The Delhi High Court, in its judgement dated April 4, 2024, dismissed the writ petition filed by Anokhe Lal challenging the award of the Labour Court on his termination of services. Justice Chandra Dhari Singh observed significant discrepancies in the petitioner’s claims regarding his employment status, leading to the upholding of the Tribunal’s decision
Brief on Legal Point:
The core issue revolved around whether the petitioner qualified as a ‘workman’ under the Industrial Disputes Act, 1947. The petitioner’s inconsistent testimony and unreliable evidence were pivotal in determining the case’s outcome.
Anokhe Lal, the petitioner, alleged illegal termination by M/s Gauri Enterprises and sought quashing of the Labour Court’s award along with reinstatement with benefits. He claimed to have worked as a ‘storekeeper/delivery man’ since 1988. However, the respondent, represented by Mr. Atul K. Bandhu, contested this, asserting the petitioner was a contractual ‘deliveryman’ and not a permanent employee.
Detailed Court Assessment: Workman Status Examination: Contradictory Claims: The Tribunal found inconsistencies in the petitioner’s role claims, observing a mismatch between his testimonial and documentary evidence, particularly an ‘interpolated appointment letter.’
Unreliable Testimony: The petitioner’s varying accounts about his employment role led to the Tribunal’s conclusion that he was not a workman under the Act.
Termination of Services: Lack of Consistency: The petitioner’s account of termination lacked consistency, undermining the claim of illegal termination.
Judicial Review under Article 226: Limited Interference: The High Court exercised restraint, respecting the Tribunal’s findings where no arbitrariness was evident. The court emphasized its role as ensuring legal propriety and natural justice.
Decision: The writ petition was dismissed due to lack of merit. The High Court upheld the Tribunal’s award, confirming the conclusions about the petitioner’s workman status and the nature of his termination.
Date of Decision: April 4, 2024.
Anokhe Lal vs Govt. of NCT of Delhi & Anr
