Termination of service not possible without employer-employee relationship: Delhi HC

Satish Kumar Vs Holistic Child Development India And Others (Delhi High Court)

Delhi High Court held that there was no occasion for respondent to terminate service of petitioner since petitioner failed to establish that respondent is an ‘industry’ and there existed employer employee relationship between them.

Facts- The petitioner filed directly before the Labour Court his Statement of Claim dated 27.01.2006 against the respondent, challenging the termination of his services and seeking reinstatement with consequential benefits. In his Statement of Claim, the petitioner pleaded that since 29.03.1995 he had been continuously working with the respondent on permanent job at a monthly salary of Rs. 3,120/-, but was shown by the respondent as daily wager and was not being provided statutory benefits, as provided to the other permanent employees; that since he raised a dispute seeking regularization of his services, which dispute was referred to the Industrial Tribunal vide Reference dated 17.01.2006, the respondent got annoyed and on 13.10.2005 verbally refused to take him back on employment and did not even pay his earned wages; that he issued Demand Notice dated 04.11.2005, which was ignored by the respondent; and that termination of his services by the respondent was illegal, so he is entitled to reinstatement with full back wages.