2019 LAB. I. C. 163 ::2019 Lab IC 163 (Chh) ::ILR 2018 CHH 2044

Chhattisgarh High Court

Hon'ble Judge(s): Sanjay K. Agrawal , J

Industrial Disputes Act (14 of 1947) , S.25F, Sch.II Item.3— Chhattisgarh Industrial Relations Act (27 of 1960) , S.110— Reinstatement - Employer-employee relationship - Termination of employees held illegal and employer directed to reinstate them - Plea of employers that except 76 employees, no employer-employee relationship existed with remaining 1075 employees - For proving employer-employee relationship, only 5 employees examined - No document produced on record to support statement of employees that they worked for employer, for more than 240 days - No material on record that wages paid by employer or that employer exercised effective control over all employees - Employer produced PF account of their employees, that mentioned name of only 76 employees - As no employer-employee relation existed between employer and remaining 1075 employees - No reinstatement can be granted. 2010 AIR SCW 7312, AIR 2015 SC 375, Rel. on. (Para 26 33) .....