The Indian Red Cross Society v. Sunil Kumar And Others
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CM-5262-CWP-2025 in CWP-19106-2020 !
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) CWP-19106-2020, CWP-19108-2020, CWP-19113-2020, CWP-191222020, CWP-19127-2020, CWP-19130-2020, CWP-19135-2020, CWP19146-2020, CWP-19149-2020, CWP-19156-2020, CWP-18597-2020 and CWP-18597-2020 1.
In the present bunch of 12 petitions, the details of which are mentioned in the heading, the challenge is to the Award dated 18.10.2019 passed by the Labour Court by which, lump-sum compensation of ₹50,000/- has been awarded in favour of the respondent-Workmen on the ground that the services of the such respondent-Workmen were terminated illegally. The liability to pay the compensation has been imposed upon the petitioner i.e. Indian Red Cross Society.
While challenging the aforementioned impugned Award, the petitioner-Indian Red Cross Society has contended that the Labour Court has missed various important material evidence, which has come on record that the premises which was allotted by the PGIMS to the Indian Red Cross Society for purpose of Canteen was already outsource by the Indian Red Cross Society to a private Contractor and the private Contractor was running the said Canteen on certain terms and conditions and according to the said terms and conditions, the respondent-employees were engaged by the said Contractor and the liability to pay the respondentemployees was also his and no such liability could have been imposed upon the petitioner- Indian Red Cross Society in case of termination of services of such Workmen.
2.
Learned counsel for the petitioner-Society submits that all the agreements between the petitioner and the Contractor concerned which were brought on record, have been ignored by the Labour Court so as to record the
finding that the respondent-Workmen were the employees of the petitionerIndian Red Cross Society and not of the Contractor. Learned counsel for the petitioner-Society argues that the finding of the Labour Court that the respondents-Workmen are the employees of the petitioner-Indian Red Cross Society is on the ground that the EPF was deposited by the petitioner-Indian Red Cross Society and hence, once it has come on record that the EPF has been deposited by the petitioner-Indian Red Cross Society and the same has to be deposited by the employer, the net result is that the petitioner-Indian Red Cross Society has been held the employer of the respondents-Workmen so as to grant the benefit of ₹50,000/- as lump sum compensation by the Labour Court vide order dated 18.10.2019.
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! (Indian Red Cross Society deposited the EPF and the same was deposited by the Contractor and only the place of work was given as a Canteen of the petitioner-Indian Red Cross Society, which has been misinterpreted by the Labour Court. , -
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+ (Indian Red Cross Society, the respondent-Workmen became the employees of the petitioner-Indian Red Cross Society and not that of a Contractor. 1 !
# + + (Indian Red Cross Society, learned counsel for the respondent No. 1 has not been able to point out the same.
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Further, as per the settled principle of law settled by t 45
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