High Court Punjab-Haryana High Court

Dev Raj vs M/S Ghai Rubber Industries And … on 6 August, 2009

Punjab-Haryana High Court
Dev Raj vs M/S Ghai Rubber Industries And … on 6 August, 2009
Letters Patent Appeal No.450 of 2009                           -1-

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      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH


                         Letters Patent Appeal No.450 of 2009
                         Date of decision: 6.08.2009

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Dev Raj                                                   ...Appellant

                                    Versus


M/s Ghai Rubber Industries and another                   ...Respondents

CORAM: HON'BLE MR. JUSTICE J.S.KHEHAR.
       HON'BLE MR. JUSTICE S.D.ANAND.

Present:    Mr. N.S.Bawa, Advocate for the appellant


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S.D.ANAND, J.

1. The appellant was non-suited by the Labour Court-cum-

Industrial Tribunal, Jalandhar (hereinafter referred to as “the Tribunal) on a

fact based finding that he had not been able to prove that he was in the

employment of the respondent company.

2. The learned Single Judge affirmed that finding by noticing that

there was complete want of evidence to prove the relationship of employer

and employee between the parties.

3. It is canvassed before us that the finding deserves interference

in view of the fact that it was for the respondent-management to have

produced the relevant employment record, the production whereof only

could enable the appellant to establish the averment that he was in the
Letters Patent Appeal No.450 of 2009 -2-

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employment of respondent-management.

4. We find the argument to be denuded of force.

5. It is apparent from the material obtaining on the record that the

appellant’s plea was supported by his solitary self-serving statement. He did

not, at all, make any endeavour to summon the record of employment from

the management. It would be farcical to argue that the onus lays upon the

management to produce the employment record. For ascertainment of the

facet of onus, we may advert to the pleadings of the parties. In the reply to

the claim statement, the management had raised a pure and simple plea that

the appellant had never been in its employment. Even when the appellant

stepped into witness box, as his own witness, the cross-examination on

behalf of the management was directed in the light of the plea

aforementioned. The appellant did not summon even the ESI record. The

least that the appellant could have done was to requisition the record which

could have clinched the issue in his favour. The present is, thus, evidently a

case of complete want of evidence to prove the plea of the appellant that he

was in the employment of the management. In affirming the view of the

Tribunal, the learned Single Judge had appropriately drawn sustenance

from Range Forest Officer Versus S.T.Hadimani, 2002 (3) Supreme

Court Cases 25, Rajasthan State Ganganagar Mills Limited Vs. State

of Rajasthan 2004 (8) S.C.C. 161 and R.M.Yalleti Versus The Assistant

Executive Engineer, 2006(1) S.C.C. 106.

6. Learned counsel, appearing on behalf of the appellant, has not

been able to invite our attention to any judicial pronouncement to the

contrary.

Letters Patent Appeal No.450 of 2009 -3-

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7. In a nut shell, the onus was squarely upon the appellant to

prove the relationship of employee and employer before he could validly

pursue the plea to obtain ‘invalidation’ of his alleged termination. He could

discharge the onus by summoning whatever record he deemed appropriate

to buttress his self-serving statement in proof of the averment. For reasons

best known to him, the appellant rest content with his solitary statement and

did not take any steps to requisition any record from the employer or the

official authorities like the ESI to prove the plea of his being in the

employment of the respondent.

8. The finding recorded by the learned Single Judge is well

reasoned and cannot be faulted on any valid score. Apart therefrom, the

view obtained, in affirmation of the finding of the Tribunal that there is

want of material to prove that any relationship of employer and employee

exists between the parties to the reference, is based upon the judicial

pronouncements of the Apex Court in context of the onus.

8. We have, thus, no hesitation in dismissing the Letters Patent

Appeal and it is so ordered accordingly.




                                                      (S.D.ANAND)
                                                         JUDGE



August 06, 2009                                      ( J.S.KHEHAR)
Pka                                                      JUDGE