Jodha Lal And ORS v. Pepsu Road Transport Corporation And ANR




 
  
 

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 $ & "We have heard counsel on both sides and noted their contentions.

We are of the opinion that having regard to the stand taken by the respective parties regarding the nature of work being performed by the respondents, it would have been appropriate for learned Single Judge to relegate the respondents to a Labour Court, constituted under the Industrial Disputes Act, 1947 to go into the question as to whether (a) the duties performed by the respondents are akin to those being performed by regular employees of the appellant-Corporation and (b) there is relationship of master in servant between the appellant and the respondents.

The factual assertions made by respective parties require to be inquired into after giving opportunities to them to lead oral and documentary evidence; and in Writ Petition under Article 226 of the Constitution in India, such factual disputes are not normally entertained. Therefore, without expressing any opinion on the rival contentions, we set aside the findings of the learned Single Judge about the existence of employer- employee relationship or about the nature of the work being done by the respondents being akin to that of regular employees of the Corporation; and leave it open to the respondents to approach the competent Labour Court for adjudication on both these aspects.

Appeals are allowed to the extent indicated above.


           

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