P&H: Refuses To Interfere With Labour Court Award Dismissing Workman’s Claim For Reinstatement as petitioner was not in employment of respondents but of contractors engaged from time to time

punjab-haryana
⚖️ Order Date: 10 Aug 2026
Headnotes

(i) Service — Employer and employee relationship — Petitioner failed to establish that petitioner was directly employed by respondents — Finding that relationship of employer and employee existed between petitioner and contractors and not between petitioner and respondents was a pure finding of fact based...

(ii) Service — Completion of 240 days — Plea of completion of 240 days of continuous service was of no avail once it stood established that petitioner was not in employment of respondents but of contractors engaged from time to time, since continuous service under...

(iii) Industrial Disputes Act, 1947, Ss.25-G, 25-H — Retrenchment — Plea regarding violation of Ss.25-G and 25-H did not survive as petitioner failed to name any junior employee retained in service or any person recruited to post after alleged termination. (Para 8)

(iv) Service — Sham or camouflage contract — Onus to establish that contractual arrangement was sham or camouflage to conceal direct relationship of employer and employee lay upon petitioner, and no material was placed on record to discharge that onus. (Para 8)


Facts of the Case

P&H: Refuses To Interfere With Labour Court Award Dismissing Workman’s Claim For Reinstatement as petitioner was not in employment of respondents but of contractors engaged from time to time

The Punjab and Haryana High Court has dismissed a writ petition filed by Chandi Ram, who had challenged a Labour Court award rejecting his claim for reinstatement, back wages and consequential benefits.

Chandi Ram had claimed that he was engaged as a Chowkidar on daily wages at D.C. rates at Dhakal Water Works from September 2013 and that his services were orally terminated in September 2014 without notice or retrenchment compensation. He also alleged that junior employees were retained and a fresh appointment was made after his removal.

The matter was referred to the Industrial Tribunal-cum-Labour Court, Hisar, which found...

Login required to open full judgment PDF
Login to Access File