On
11 October, 2018, Labour Court, Dwarka, declared the termination of service of a
Sr. Service Technician (Sh. Vikas Kumar Sharma) by M/s BSH Household Appliances
Manufacturing Pvt. Ltd. as illegal and awarded reinstatement in service with full
back wages, continuity of service and with all other consequential benefits.
Sh.
Vikas Kumar Sharma (workman) was appointed by M/s B.S.H. Household Appliances Manufacturing
Pvt. Ltd. (management) on 08.03.2004. After working continuously for almost 10
years, the management terminated the service of the workman on 19.01.2014.
Contention of the management was that the workman was an employee of a
contractor and there was no employer-employee relationship between the
management and the workman.
Anuj
Aggarwal & Ashish Jha, Advocates, appearing for the workman, argued that
the appointment letter, confirmation letter as well as the promotional letters
were issued by the management and, therefore, M/s B.S.H. Household Appliances Manufacturing
Pvt. Ltd. was the employer of the workman and the action of the management of
terminating the services of the workman was illegal and in violation of the provisions
of the Industrial Disputes Act, 1947.
Sh.
Vinay Singhal, Addl. District & Sessions Judge, POLC–V, Dwarka Courts,
Delhi, accepted the submissions made the counsels for the workman. The Hon’ble
Labour Court declared the termination as illegal and directed M/s B.S.H.
Household Appliances Manufacturing Pvt. Ltd. to reinstatement the workman in
service with full back wages along with continuity of service and with all other
consequential benefits.
