Labour Court, Dwarka - Burden of proving employer & employee relationship is upon the worker and the said burden can be discharged only by leading cogent evidence

On 14 December 2018, Labour Court, Dwarka, passed an Award in LIR No. 1937/16, wherein it was held that the workers therein are not entitled to any relief.

Anuj Aggarwal, Advocate, appearing for M/s Frigorifico Allana Pvt. Ltd. (management), argued that the burden of proving the employer and employee relationship is upon the worker and the workmen, in the case, had not produced any document to prove that they were employees of the management.

Shri Lokesh Kumar Sharma, Addl. District & Sessions Judge, Presiding Officer, Labour Court – XIX, Dwarka Courts, Delhi, accepted the submission made by the counsel for the management and declared that there is no employer and employee relationship between the management and the workers and, therefore the workers are not entitled to any relief. Reference was, thus, answered in favour of the management.

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Sexual Harassment of a female sweeper

Sexual Harassment of a female sweeper - Termination of service by Guru Nanak Public School of a driver and a conductor on the allegations of Sexual Harassment of a female sweeper – Delhi School Tribunal declared the termination of service of both the employees as illegal and directed the School to reinstatement them in service

On 20.11.2018, the Hon’ble Delhi School Tribunal, in Appeal No. 17/2018 and Appeal No. 18/2018, declared the termination of service of 2 employees (Karamvir and Amit) as illegal and directed Guru Nanak Public School to reinstatement them in service. The services of both the employees were terminated on the alleged ground of sexual harassment of a female sweeper.

Shri. Karamvir and Shri. Amit were working as driver and conductor respectively with Guru Nanak Public School, Pushpanjali Enclave, Pitampura, Delhi-110034. On 13.09.2017, an FIR [FIR No. 1246] was registered by a female sweeper against Karamvir and Amit with the allegations of sexual harassment. Next day i.e. on 14.09.2018, vide letter/order dated 14.09.2017, the services of both the employees were terminated.

Anuj Aggarwal, Advocate, counsel for Karamvir and Amit, submitted that the termination of service of both the employees was in complete violation of the principles of natural justice, provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, provisions of the Delhi School Education Act, 1973 and the Rules made thereunder.

Shri. V.K. Maehshwari, Presiding Officer, Delhi School Tribunal, Delhi, accepted the submissions made by Anuj Aggarwal, Advocate and declared that the termination orders dated 14.09.2017 were illegal and, consequently, directed Guru Nanak Public School to reinstate both the employees in service.

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