Monday, November 5, 2018

Labour Court, Dwarka – Illegal termination of service of a Sr. Service Technician by M/s BSH Household Appliances Manufacturing Pvt. Ltd. – Labour Court awarded reinstatement in service with full back wages, continuity of service and with all other consequential benefits


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.

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