Mukesh Kumar vs Ryan International School And Ors on 25 May, 2026

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    Delhi District Court

    Mukesh Kumar vs Ryan International School And Ors on 25 May, 2026

             IN THE COURT OF SH. ARUN KUMAR GARG
              PRESIDING OFFICER : LABOUR COURT-III
           ROUSE AVENUE COURTS COMPLEX : NEW DELHI.
    
    CNR No. DLCT13-002793-2018
    LID No. 330/2018
    
    Sh. Mukesh Kumar S/o Sh. Niwas
    Mobile No. 9310341074
    R/o H. No. 160, Auchandi, Delhi-110039
    
    Through his AR Sh. Aditya Aggarwal,
    Mobile No. 9891789459                                     ..... Workman
    
    
                                                     VERSUS
    
    1.

    Ryan International School,
    Through its Principal
    Education Society, A-9, Sector-25,
    Rohini, Delhi-110085.

    Through its AR Sh. Gaurav Bajaj,
    Mobile No. 9810037684
    Email ID: [email protected].

    SPONSORED

    2. Jagidsh Tours and Travels
    Through its Proprietor
    Regd. Office:-

    B-1/568, 3rd Floor, Janakpuri,
    New Delhi-110058.

    Through its AR Sh. Rajeev Gupta
    Mobile No. 9818671765
    Email ID: [email protected] ….. Managements

    Date of Institution of the case : 27.07.2018
    Date on which Award is passed : 25.05.2026

    AWARD

    1. By this award, I will dispose off the present claim of
    LID 330/2018
    Mukesh Kumar Vs. M/s Ryan International School
    Award dated 25.05.2026 Page 1 of 35
    Workman U/s 10(4A) of Industrial Disputes Act, 1947, as
    introduced vide Industrial Disputes (Delhi Amendment) Act
    2003.

    2. Brief case of the Workman, as per his statement of claim, is
    that on 01.03.2008, Management no. 1 had engaged him on the
    post of driver, after taking his trial test by making him drive a bus
    and that since the date of his engagement by Management no. 1,
    he was working under direct control and supervision of
    Management no. 1 in respect of timing of his work, uniform,
    travel route and sanction/ non sanction of holidays. However, in
    order to save its legal liability, Management no. 1 had shown him
    as an employee of contractors despite the fact that the said
    contractors had no control whatsoever over the services of
    Workman.

    3. In fact, according to him, Management no. 1, being a holder
    of permit in respect of transport, has submitted a list of drivers,
    including the present Workman, engaged by Management no. 1,
    whereupon, an authorization card in the name of Workman was
    issued by Govt. of National Capital Territory of Delhi under the
    provisions of Rule 7A of Delhi Motor Vehicle Rules, 1993. In
    order to deprive the Workman of statutory benefits, it is alleged
    by him, Management no. 1 had not only shown him as an
    employee of contractor(s), but, it has also been changing the
    contractors from time to time.

    4. It is further the case of Workman that Management no. 1
    had engaged M/s Group 4, M/s Spark All Security & Allied
    Services Pvt. Ltd., M/s Ravi Security and M/s Jagdish Tours and
    Travels as contractors for the period 2005 to 2007, 2007 to 2011,
    LID 330/2018
    Mukesh Kumar Vs. M/s Ryan International School
    Award dated 25.05.2026 Page 2 of 35
    2011 to 2013 and from 2013 till date respectively and while two
    of the contractors namely M/s Group 4 and M/s Ravi Security
    used to pay salary of Workman in cash, remaining two
    contractors used to deposit the salary of Workman in his bank
    account.

    5. The salary of Workman, according to him, was being paid
    by Management no. 2 in collusion with Management no. 1, in as
    much as, it was only a camouflage to show the Workman as an
    employee of contractor and not that of Management no. 1 despite
    the fact that he actually worked for Management no. 1 since the
    date of his engagement. The aforesaid act of Management no. 1,
    in showing the name of Workman as an employee of
    contractor(s), according to him, amounts to an unfair labour
    practice, in as much as, Management no. 1 has also employed
    some persons at the post of driver, who were doing the same and
    identical work of perennial nature, which was being done by the
    Workman.

    6. It has further been alleged in the statement of claim that
    Workman had worked for more than 10 years serving
    Management no. 1 to the entire satisfaction of supervisory and
    managerial staff of Management no. 1, however, in order to
    employ fresh hands on minimal wages, Managements have
    joined hands in terminating/retrenching the services of Workman
    and had issued advance termination/ retrenchment notice dated
    18.05.2018 on the basis of absolutely vague and false ground that
    for the year 2018-2019, there was shortage of students in the
    buses of Management no. 1 school and accordingly, school had
    decided to cut short some routes due to which the services of
    Workman were no more required.

    LID 330/2018

    Mukesh Kumar Vs. M/s Ryan International School
    Award dated 25.05.2026 Page 3 of 35

    7. By serving the aforesaid notice dated 18.05.2018, according
    to Workman, Management no. 2, in connivance and collusion
    with Management no. 1, has attempted to violate the provisions
    of Section 25F, G and H of Industrial Disputes Act, 1947. It is
    further alleged by him that though he is entitled to be regularized
    into the services of Management no. 1 since the date of his
    engagement and reserving his right to file an appropriate case in
    this regard, however, under the aforesaid circumstances, in order
    to save himself from illegal termination, he had earlier
    approached Ld. Labour Court by filing LID no. 270/2018, which
    was disposed of vide order dated 06.07.2018 as withdrawn with a
    liberty to file a fresh claim.

    8. Subsequently, according to him, he has served a demand
    notice upon Management no. 1, while, sending a copy thereof to
    Management no. 2, with a bonafide demand for recall of
    termination/ retrenchment notice dated 18.05.2018 and seeking
    his reinstatement with full back wages alongwith interest and
    other consequential benefits, however, Managements have turned
    down his aforesaid demands. Workman has thus filed the present
    claim seeking a declaration qua termination/ retrenchment notice
    dated 18.05.2018 being illegal, arbitrary and against the cannons
    of law. He has also prayed for a declaration in his favour as an
    employee of Management no. 1 besides a direction to
    Management no. 1 to reinstate him into the job with effect from
    the date of illegal termination of his services i.e. 18.06.2018 with
    full back wages and other consequential benefits.

    9. Both the Managements have appeared in response to notice
    of statement of claim and filed their separate written statements
    to the claim of Workman on 16.01.2019.

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    10. In its written statement, Management no. 1 has categorically
    denied the existence of any employer-employee relationship
    between the claimant and Management no. 1, while, alleging that
    it was Management no. 2, who used to provide transport services
    to Management no. 1 with its own labour force, which used to
    work under direct control and supervision of Management. no. 2.
    It has further been alleged in the written statement of
    Management no. 1 that the claimant might have worked with
    Management no. 2, however, he had no concern whatsoever with
    Management no. 1. Management no. 1 has thus prayed for
    dismissal of claim of Workman against Management no. 1 with
    heavy cost, while, denying the receipt of legal notice dated
    11.07.2018.

    11. On the other hand Management no. 2, in its written
    statement has objected to the maintainability of the present claim
    under the provisions of Section 10(4A) of the Industrial Disputes
    Act, 1947, as introduced vide Industrial Disputes (Delhi
    Amendment) Act, 2003, while, alleging that the present claim
    should have been filed by the Workman under the provisions of
    Section 2A of Industrial Disputes Act, 1947 which have been
    given an over riding effect over the provisions of Section 10 of
    Industrial Disputes Act, 1947.

    12. It has further been alleged in the written statement of
    Management no. 2 that filing of the present claim directly before
    this Court without first approaching the Conciliation Officer as
    per the provisions of Section 2A(2) of Industrial Disputes Act,
    1947 renders the present claim of Workman liable to be
    dismissed. In the absence of compliance of mandatory provision,
    requiring the Workman to approach the Conciliation Officer prior
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    to filing of the present claim, according to Management no. 2,
    this Court has no jurisdiction to try and adjudicate the present
    claim of Workman.

    13. On merits, it has been alleged by Management no. 2 that the
    Workman had been in employment of Management no. 2 as a
    driver since 01.07.2013 until the date of his separation from the
    service and during the course of his aforesaid employment, he
    had remained under direct control and supervision of
    Management no. 2. Present claim of Workman against
    Management no. 2, it is alleged, is not maintainable, since, the
    Workman has already received a sum of Rs. 1,10,639/-, which
    includes his earned wages, payment in lieu of one month’s
    notice, service compensation, bonus for the financial year 2018-
    2019 and gratuity etc., towards full and final settlement of his
    dues, by way of direct transfer in his bank account. The
    Workman, according to Management no. 2, was duly apprised of
    the aforesaid fact by Management no. 2 vide letter dated
    01.06.2018.

    14. Having accepted the payment of his full and final dues
    without any objection, according to Management no. 2, Workman
    cannot be allowed to challenge his termination vide termination
    notice dated 18.05.2018, in as much as, services of Workman
    were lawfully terminated by Management no. 2 due to reduction
    in the number of students in the school of Management no. 1
    situated in Rohini, Delhi in the academic year 2018-2019 and
    consequent reduction in routes of buses to be plied by
    Management no. 2 for transportation of students.

    15. Management no. 2 has thus prayed for dismissal of present
    LID 330/2018
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    claim of Workman, qua Management no. 2, with exemplary cost,
    while, denying the receipt of legal notice dated 11.07.2018 and
    claiming the Management no. 2 be an unnecessary party in view
    of averments made by Workman in his statement of claim.

    16. No rejoinder to the aforesaid written statements of
    Managements were filed by Workman despite opportunity and
    hence, on the basis of pleadings of parties, following issues were
    settled by Ld. Predecessor of this Court vide order dated
    11.02.2019:-

    (i) Whether there existed ’employee and employer’
    relationship between the claimant and the Management
    no. 1? OPW

    (ii) Whether the services of the claimant were
    terminated illegally or unjustifiably by the
    Managements? OPW

    (iii) Relief.

    17. Workman has thereafter examined himself as WW-1 i.e. as
    the sole witness in support of his case and tendered his evidence
    by way of affidavit Ex.WW1/A along with following documents:

    (i) Ex. WW1/1: Copy of aadhar card of Workman.

    (ii) Ex. WW1/2: Copy of authorization card for the
    driver issued in the name of Workman by the transport
    department.

    (iii) Ex. WW1/3: Original Passbook of bank account of
    Workman with M/s Andhra Bank.

    (iv) Ex. WW1/4: Copy of termination/ retrenchment
    notice dated 18.05.2018.

    (v) Mark-A: Copy of order dated 06.07.2018 in LID
    no. 270/2018.

    (vi) Ex. WW1/6: Copy of legal demand notice dated
    11.07.2018.

    LID 330/2018

    Mukesh Kumar Vs. M/s Ryan International School
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    18. WW-1 was duly cross-examined by Ld. ARs for both
    Managements. During his cross-examination by Ld. AR for
    Management no. 2, Workman was confronted with the
    termination notice dated 18.05.2018 Mark WW1/M2A and letter
    dated 01.06.2018 of Management no. 2 addressed to Workman
    which is Mark WW1/M2B. No other witness was examined on
    behalf of Workman despite opportunity and hence, on a statement
    of Workman, Workman’s evidence was closed vide order dated
    04.07.2023.

    19. Management no. 1 has however chosen not to lead any
    evidence in its defence and hence, on the submission of Ld. AR
    for Management no. 1, evidence of Management no. 1 was
    closed vide order dated 25.02.2026.

    20. Management no. 2, on the other hand, has examined Sh.
    Vimal Wahi, Proprietor of Management no. 2 as M2W1 i.e. as the
    sole witness in support of its case and has tendered his evidence
    by way of affidavit Ex.M2W1/A along with copy of transport
    contract between Managements no. 1 and 2 Mark MW-1/1, copy
    of termination notice dated 18.05.2018 Ex. MW-1/3 and copy of
    letter dated 01.06.2018 qua full and final dues of Workman Ex.
    MW-1/4.

    21. M2W1 was duly cross-examined by Ld. AR of Workman
    and was confronted with contract between Managements no. 1
    and 2 Ex. M2W1/2. No other witness was examined on behalf of
    Management no. 2 despite opportunity and hence, on the
    submission of Proprietor of Management no. 2, evidence on
    behalf of Management no. 2 was closed.

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    22. Final arguments were thereafter heard on behalf of both the
    parties.

    23. It is submitted by Ld. AR of Workman that from the
    material available on record, Workman has been able to prove
    himself to be in employment of Management no. 1, at the post of
    driver, since 01.03.2008 until the date of illegal termination of his
    services vide retrenchment notice dated 18.05.2018 issued by
    Management no. 2. As a proof of existence of employer-
    employee relationship between the Workman and Management
    no. 1, Ld. AR for Workman has relied upon the authorization
    card Ex.WW1/2, purportedly issued by the Transport Department
    of Govt. of NCT of Delhi under the provisions of Rule 7 of Delhi
    Motor Vehicles Rules, 1993, after Management no. 1, being a
    permit holder in respect of school buses, had allegedly shared a
    list of drivers, engaged by Management no. 1, with the Transport
    Department. Besides, according to him, Workman has been able
    to prove, through his un-controverted testimony, that he had all
    along been working under direct supervision and control of
    Management no. 1.

    24. He submits that Management no. 2 has categorically
    admitted the Workman to be in its continuous employment at
    least since 01.07.2013 until the date of termination of his
    services. Though, According to him, Management no. 2 has
    alleged the Workman to be in its employment, having no
    relationship whatsoever with Management no. 1, however, the
    alleged contract between Management no. 1 and 2, for alleged
    providing of transportation services at the school of Management
    no. 1, is sham and bogus and is a camouflage merely to deprive
    the Workman of his statutory benefits. Testimony of Workman,
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    qua he being in direct employment of Management no. 1 and the
    contract between Management no. 1 and 2 being sham and
    bogus, according to him, has remained un-controverted during
    his cross-examination.

    25. The contract between Managements no. 1 and 2, according
    to Ld. AR for Workman, can very well be presumed to be sham
    and bogus solely in view of the fact that admittedly, neither the
    Management no. 1 was registered under the provisions of Section
    7
    of Contract Labour (Regulation and Abolition) Act, 1970, nor,
    Management no. 2 was holding any license in terms of Section
    12
    of the aforesaid Act.

    26. He submits that the Workman has also been able to prove
    illegal termination of his services by Management no. 1, in
    violation of provisions of Section 25F of Industrial Disputes Act,
    1947, through a sham and bogus contractor i.e. Management no.
    2, vide termination letter Ex. WW1/4, in as much as, despite
    being in employment of Management no. 1 since the year 2008,
    Management no. 2 has merely paid the retrenchment
    compensation, to the Workman, only for a period of five years.

    27. Even otherwise, according to him, admittedly, there was no
    compliance by Management no. 2 with Section 25F(c) of the
    Industrial Disputes Act, 1947 despite the fact that the compliance
    of the aforesaid provision has been held by Hon’ble Supreme
    Court of India to be mandatory for a valid retrenchment.

    28. Termination of services of Workman vide retrenchment
    notice dated 18.05.2018, according to him, is also in violation of
    provisions of Section 25G of Industrial Disputes Act, 1947, in as
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    much as, Managements had neither displayed any seniority list in
    terms of Rule 77 of Industrial Disputes (Central) Rules, 1957,
    nor, have followed the principle of last come first out at the
    retrenchment of Workman on account of alleged surplusage,
    despite the fact that Hon’ble Supreme Court of India has held the
    provisions of Rule 77 of Industrial Disputes (Central) Rules,
    1957 to be mandatory.

    29. Under the aforesaid circumstances, according to him,
    workman has been able to prove himself to be in continuous
    employment of Management no. 1 since March 2008 until the
    date of termination of his services vide notice dated 18.05.2018
    and hence, the Workman is entitled to his reinstatement with full
    back wages, continuity of service and other consequential
    benefits.

    30. So far as the issue qua maintainability of present claim in
    terms of Section 10(4A) of the Industrial Disputes Act, 1947, as
    introduced vide Industrial Disputes (Delhi Amendment) Act,
    2003, is concerned, Ld. AR for Workman has relied upon the
    judgment of Hon’ble Delhi High Court in Rajendra Singh Vs.
    SBI MANU/DE/1444/2017 to submit that in the State of Delhi, a
    claim filed under Section 10(4A) of Industrial Disputes Act, 1947
    is still maintainable irrespective of fact whether or not the
    Workman had first approached the Conciliation Officer or not.
    Ld. AR for Workman has thus prayed for an award in terms of
    prayer made by Workman in his statement of claim, while,
    relying upon the following judgments:-

    (i) Jasmer Singh Vs. State of Haryana and Anr
    (2015) 4 SCC 458.

    LID 330/2018

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    (ii) Rajendra Singh Vs. SBI 2017 SCC OnLine Del
    8461.

    (iii) Bhilwara Dugadh Utpadak Sahakari Samiti Ltd.
    Vs. Vinod Kumar Sharma Dead by LRs and Ors
    .

    (2011) 15 SCC 209.

    (iv) Indian Oil Corporation Ltd. Vs. Petroleum
    Workers Union
    (2018) SCC Online Delhi 8383.

    (v) Power Grid Corporation of India Vs. A.B. Singh
    & Ors. MANU/TL/0395/2022
    .

    (vi) Gaffar and Ors. Vs. Union of India and Ors.
    MANU/ BH/0126/1983.

    (vii) Raj Kumar Vs. Director of Education and Ors.
    (2016) 6 SCC 541

    31. On the other hand, it is submitted by Ld. AR for
    Management no. 1 that Workman has failed to prove the
    existence of employer-employee relationship between himself
    and Management no. 1. He submits that Hon’ble Supreme Court
    of India in Bharat Heavy Electricals Ltd. Vs. Mahendra Prasad
    Jakhmola and Ors.
    (2019)13 SCC 82 has laid down few
    principles to determine whether there existed any employer-
    employee relationship between the parties to a claim. Some of
    the relevant factors to determine the existence of employer-
    employee relationship between the parties to the claim, according
    to him, are the authority qua appointment, dismissal and
    initiation of disciplinary action against an employee, besides, the
    existence of control and supervision and the identity of the party
    making the payment of salary/ remuneration of the Workman.

    32. In the case in hand, according to him, admittedly, not only
    the salary of Workman was being paid by Management no. 2,
    but, even the ESI and EPF benefits were being provided to the
    Workman by Management no. 2. He submits that Management
    LID 330/2018
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    no. 2 has also been able to prove, through the un-controverted
    testimony of M2W1, that it was Management no. 2 who was
    exercising direct control and supervision over Workman, during
    his alleged employment with Management no. 1. On the other
    hand, according to him, Workman has failed to adduce any
    evidence, otherwise than his bald statement to the aforesaid
    effect, to prove that he had been working under direct control and
    supervision of Management no. 1.

    33. He submits that Management no. 2 in the present case was
    not a contractor but was a vendor who was providing
    Management no. 1 with buses for transportation of school
    children. In any case, according to him, onus to prove himself
    to be in employment of Management no. 1 was upon the
    Workman, however, Workman has failed to lead any evidence to
    discharge the aforesaid onus.

    34. He further submits that the Workman cannot be allowed to
    agitate the issue of contract between Management no. 1 and 2
    being sham and bogus in a claim filed by him under the
    provisions of Section 10(4A) of Industrial Disputes Act, 1947, as
    applicable in Delhi, and in case, he wanted to agitate the
    aforesaid issue, he was required to approach this Court under the
    provisions of Section 2A of Industrial Disputes Act, 1947. He
    further submits that mere authorization card, purportedly issued
    in the name of Workman under the provisions of Rule 7A of
    Delhi Motor Vehicles Rules 1993 shall not be sufficient to
    presume the Workman to be in direct employment of
    Management no. 1, more so, when even its authenticity is not
    established by the Workman by summoning the record from the
    Transport Department.

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    35. On the contrary, according to him, Workman, in his own
    statement of claim, has alleged himself to be in employment
    through various contractors. The Court, according to him, cannot
    act upon the self serving statement of Workman to the aforesaid
    effect, to record a finding qua existence of employer-employee
    relationship between the Workman and Management no. 1, more
    so, when, during his cross-examination, he has denied the
    knowledge of contents of his affidavit and was found deposing
    falsely qua his gainful employment. Ld. AR for Management no.
    1 has thus prayed for dismissal of present claim of Workman with
    heavy cost.

    36. Ld. AR for Management no. 2, on the other hand, submits
    that the present claim of Workman is not maintainable under the
    provisions of Section 10(4A) of Industrial Disputes Act, 1947 as
    applicable to Delhi. He submits that the case of Workman is
    fraught with contradictions, in as much as, though, in his
    statement of claim as well as evidence by way of affidavit, he has
    tried to take a plea that he had been in continuous employment of
    Management no. 1 since 01.03.2008, however, during his cross-
    examination, he has denied having the knowledge of contents of
    his affidavit. He submits that the Workman has also admitted
    having received one month’s advance notice dated 18.05.2018
    and retrenchment compensation, in terms of provisions of
    Section 25F of Industrial Disputes Act, 1947, at the time of
    termination of his services and hence, there is no violation by
    Management no. 2 of the provisions of Section 25F of Industrial
    Disputes Act, 1947, while, terminating his services.

    37. In any case, according to him, having received, without any
    objection, his full and final dues from Management no. 2 at the
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    time of termination of his services, Workman cannot be allowed
    to pursue the present claim against Managements alleging illegal
    termination of his services. In fact, according to him, Workman
    has even withdrawn his EPF, meaning thereby, he has accepted
    termination of his services by Management no. 2.

    38. So far as the plea of Workman qua violation of provisions of
    Section 25G of Industrial Disputes Act, 1947 is concerned, it is
    submitted by Ld. AR for Management no. 2 that since all the
    employees were hired by Management no. 2 with effect from the
    same date i.e. w.e.f. 01.07.2013, no seniority list was required to
    be prepared by Management no. 2 and hence, Workman cannot
    be allowed to allege any violation of provisions of Section 25G
    of Industrial Disputes Act, 1947 by Management no. 2 in
    terminating his services. Since, according to him, Workman has
    failed to seek any relief against Management no. 2, the present
    claim of Workman against Management no. 2 is even otherwise
    liable to be dismissed.

    39. He further submits that the Court cannot pass any award in
    favour of Workman, acting upon the un-controverted testimony
    of Workman by way of affidavit, more so, when during his cross-
    examination, he has denied the knowledge of contents of
    aforesaid affidavit and was found deposing falsely qua his
    gainful employment during his cross-examination. He has thus
    prayed for dismissal of present claim of Workman while relying
    upon the judgment of Hon’ble Supreme Court of India in
    Moreshar Yadaorao Mahajan Vs. Vyankatesh Sitaram Bhedi (D)
    through LRs & Ors. 2022 SCC Online 1307.

    40. I have heard the submissions made on behalf of the parties
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    and have carefully perused the material available on record in the
    light of judgments relied upon by the parties.

    41. Before dealing with the issues, settled by Ld. Predecessor of
    this Court vide order dated 11.02.2019, I would like to deal with
    the legal issue, qua maintainability of present claim U/s 10(4A)
    of Industrial Disputes Act, 1947
    (as applicable in Delhi) without
    compliance with the provisions of Section 2A(2) of Industrial
    Disputes Act, 1947, sought to be raised by Management no. 2,
    not only, in its written statement, but also, during the Course of
    final arguments, though, no formal issue to the aforesaid effect
    has been settled vide order dated 11.02.2019.

    42. It is sought to be submitted by Ld. AR for Management no.
    2 that the provisions of Section 2(A) of Industrial Disputes Act,
    1947 shall have the overriding effect over the provisions of
    Section 10(4A) of Industrial Disputes Act, 1947 (as applicable in
    Delhi) and hence, in view of omission on the part of Claimant in
    approaching the Conciliation Officer before filing of the present
    claim before this Court, the present claim file by him before this
    Court shall not be maintainable and consequentially this Court
    shall have no jurisdiction to entertain the present claim.

    43. I do not find any force in the aforesaid submission made on
    behalf of Management no. 2. The issue qua maintainability of
    claim under Section 10(4A) of Industrial Disputes Act, 1947, as
    introduced in Delhi vide Industrial Disputes (Delhi Amendment)
    Act, 2003, without following the procedure contemplated under
    Section 2A(2) of Industrial Disputes Act, 1947, even after
    Central Amendment Act of 2010, is no longer res-integra in view
    of authoritative pronouncement of Hon’ble Delhi High Court in
    LID 330/2018
    Mukesh Kumar Vs. M/s Ryan International School
    Award dated 25.05.2026 Page 16 of 35
    Rajendra Singh Vs. SBI’s case (Supra).

    44. In the aforesaid judgment, it was categorically held by
    Hon’ble Delhi High Court that there is no repugnancy in
    provisions of Section 10(4A) and Section 2A of Industrial
    Disputes Act, 1947, in as much as, Section 10(4A) of Industrial
    Disputes Act, 1947 (as applicable in Delhi) and Section 2A of the
    aforesaid Act provide two different remedies to a Workman, who
    stands discharged/ dismissed/retrenched, for redressal of his
    grievance and there is no need for a Workman, before invoking
    the provisions of Section 10(4A) of Industrial Disputes Act,
    1947, to first approach the Conciliation Officer as per the
    provisions of Section 2(A)(2) of Industrial Disputes Act, 1947.

    45. It is further held in the aforesaid judgment that even if, it is
    assumed for the sake of arguments that there is any repugnancy
    between the aforesaid two provisions, by virtue of operation of
    proviso of Article 239AA(3)(c), Section 10(4A) of Industrial
    Disputes Act, 1947 being a law made by legislative assembly of
    Govt. of NCT of Delhi, which was reserved for consideration of
    the President, having received his assent on 13.07.2003 and
    stands enacted thereafter, would prevail over the Central
    Legislation. Relevant observations of Hon’ble Delhi High Court
    in this regard are being reproduced herein below for ready
    reference:-

    “28. We also note that, so far as Section 10(4A) of the
    Industrial Disputes Act, 1947 and Section 2A of the
    enactment are concerned, they provide two different
    remedies to a workman who stands
    discharged/dismissed/retrenched for redressal of his
    grievance. Section 10(4A) enables a workman to
    directly approach the Labour Court or the Industrial
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    Tribunal within a period of one year from the
    communication of the order of
    discharge/dismissal/retrenchment without taking
    recourse to the procedure prescribed under Section 10.
    On the other hand, by virtue of Section 2A, a
    dispute/difference between a workman and his employer
    connected with or arising out of discharge dismissal
    retrenchment or termination of service is deemed to be
    an industrial dispute. Furthermore, the workman is
    enabled to approach the Conciliation Officer within a
    period of three months from the occurrence and after
    expiry of three months from the date of so approaching
    him, the workman can make a further application
    directly to the Labour Court or Tribunal for adjudication
    of the dispute. That is to say, under Section 2A, the
    second option available to the workman does not have to
    await the references by the Conciliation Officer.

    29. In view of the above discussion, we are unable to
    agree with the observations in the impugned order that
    there was a repugnancy between the two statutory
    provisions.

    30. Even if it could be held that there was a repugnancy
    between them, by virtue of the operation of the proviso
    to Article 239AA(3)(c), Section 10(4A) being a law
    made by the Legislative Assembly of the Government of
    NCT of Delhi which was reserved for consideration of
    the President and having received his assent on 13th July,
    2003 and stands enacted thereafter, would prevail over
    the central legislation.”

    46. In view of the aforesaid authoritative pronouncement of
    Hon’ble Delhi High Court, in my considered opinion, there was
    no requirement for the Workman, in the present case, to first
    approach the Conciliation Officer, as per the provisions of
    Section 2A(2) of Industrial Disputes Act, 1947, before filing of
    present claim under Section 10(4A) of Industrial Disputes Act,
    1947 (as applicable in Delhi) directly before this Court. This
    Court, thus, has the requisite jurisdiction to adjudicate the present
    claim of Workman on merits, even, without compliance by the
    Workman of the provisions of Section 2A (2) of Industrial
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    Disputes Act, 1947.

    47. Now, I shall proceed to decide the issues settled by Ld.
    Predecessor of this Court vide order dated 11.02.2019.

    Issue no. (i): Whether there existed ’employee and
    employer’ relationship between the claimant and the
    Management no. 1? OPW

    48. Onus to prove the aforesaid issue was upon Workman. As
    has already been observed herein above, Workman has alleged
    himself to be in direct employment of Management no. 1, at the
    post of driver, since 01.03.2008. He has also taken a plea that in
    order to avoid its legal liabilities, Management no. 1 had shown
    his name as an employee of different contractors from time to
    time and lastly of Management no. 2, despite the fact that there
    was no valid contract between the two managements for
    providing of alleged transportation services by Management no.
    2 to Management no. 1. Even if, according to him, there was any
    such contract between two Managements, the same was sham
    and bogus. It has further been alleged by him that he had all
    along been working with Management no. 1 at the post of driver.

    49. Workman has however failed to produce any documentary
    or oral evidence in support of his aforesaid pleadings otherwise
    than by way of his bald and self-serving statements to the
    aforesaid effect. The sole document produced by him in support
    of his plea qua his being in direct employment of Management
    no. 1 is an authorization card, purportedly issued in his name, by
    the Transport Department, Govt. of NCT of Delhi under the
    provisions of Rule 7A of Delhi Motor Vehicles Rules, 1993.
    Relying upon the aforesaid document, it was submitted by his AR
    that the said document, as per Rule 7A of Delhi Motor Vehicles
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    Rules, 1993, was issued by the Transport Department, Govt. of
    NCT of Delhi, on the basis of a list of drivers engaged by
    Management no. 1, which was submitted by Management no. 1,
    being the permit holder in respect of school bus driven by
    Workman, with the Transport Department and hence, the said
    document is sufficient proof of his direct employment with
    Management no. 1.

    50. I do not find any force in the aforesaid submissions made on
    behalf of Workman that the aforesaid document is sufficient to
    prove the Workman to be in direct employment of Management
    no. 1. A bare perusal of Rule 7A of Delhi Motors Vehicles Rules
    1993 shows that the aforesaid Rule merely requires the holder of
    a permit to furnish, within a period of 10 days from the date of
    receipt of permit, a list of drivers engaged by him to drive the
    aforesaid vehicle, together with their photographs and other
    particulars, so that, an authorization card permitting the drivers as
    per the aforesaid list may be issued by the State Transport
    Authority to the permit holder.

    51. A bare perusal of aforesaid Rule further shows that it
    prohibits plying of transport vehicles without proper
    authorization card containing the name, photographs and such
    other particulars of the drivers as may be directed by the
    Transport Commissioner, and makes it mandatory that the said
    authorization card be displayed at some conspicuous place in the
    vehicle. The aforesaid provision, in my considered opinion, was
    incorporated in Delhi Motor Vehicles Rules 1993 for easy
    identification of drivers of the vehicles which might involve in
    any accident. Mere issuance of authorization card in the name of
    Workman, in respect of a transport vehicle owned by
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    Management no. 1, in my considered opinion, is not sufficient to
    prove the Workman to be an employee of Management no. 1, in
    as much as, the aforesaid provision does not prohibit engagement
    of a driver, by the permit holder, through a Contractor.

    52. Even otherwise, Workman has failed to prove the issuance
    of alleged authorization card, by the Transport Department, in his
    name at the instance of Management no. 1 by leading any cogent
    evidence, in as much as, no record qua issuance thereof was
    summoned by him from the Transport Department.

    53. It is next sought to be submitted by Ld. AR for Workman
    that since, neither, the Management no. 1 was holding any
    registration certificate under the provisions of Section 7 of
    Contract Labour (Regulation and Abolition) Act, 1970, nor,
    Management no. 2 was holding a valid license issued under the
    provisions of Section 12 of the aforesaid Act, Workman should
    be deemed to be in direct employment of Management no. 1,
    while, holding the alleged contract between Managements no. 1
    and 2 to be sham and bogus. In support of his aforesaid
    submission, Ld. AR for Workman has relied upon the judgment
    of Hon’ble Telangana High Court in Power Grid Corporation of
    India Vs. A.B. Singh and Anr
    (Supra).

    54. I do not find any force in the aforesaid submission made on
    behalf of Workman. Issue, qua the consequences of non-
    compliance of the provisions of Section 7 and 12 of Contract
    Labour (Regulation and Abolition) Act, 1970, is no longer res-
    integra in view of authoritative pronouncement of Hon’ble
    Supreme Court of India in Dena Nath v. National Fertilisers Ltd.,
    (1992) 1 SCC 695, wherein, it was categorically held by Hon’ble

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    Supreme Court of India that mere absence of registration
    certificate U/s 7 and the license under the provisions of Section
    12
    of Contract Labour (Regulation and Abolition) Act, 1970 shall
    not have the effect of treating the employees of the contractors as
    the employees of principal employer, in as much as,
    consequences of non-compliance with the aforesaid provisions
    are provided under Sections 23 and 25 of Contract Labour
    (Regulation and Abolition) Act, 1970. Relevant observation of
    Hon’ble Supreme Court of India in Dena Nath v. National
    Fertilisers Ltd.
    , (1992) 1 SCC 695 case are being reproduced
    hereinbelow for ready reference:

    “5. This appeal arises from the decision of a Division
    Bench of the Punjab and Haryana High Court dated
    February 27, 1991 passed in Writ Petition No. 8872 of
    1989. The Division Bench while deciding a batch of
    writ petitions followed its earlier decision in the case of
    Gian Singh v. Senior Regional Manager, Food
    Corporation of India
    [(1991) 1 Punj LR 1] (Letters
    Patent Appeal No. 1215 of 1990). The Division Bench
    in the aforesaid case of Gian Singh held that if the
    principal employer does not get registration as required
    under Section 7 of the Act and/or the contractor does
    not get the licence under Section 12 of the Act for the
    persons who are appointed by the principal employer
    through the contractor, the only consequence is the
    penal provisions contained in Sections 23 and 24 of the
    Act and that the principal employer or contractor can
    be prosecuted under those sections, but the Act
    nowhere provides that such employees employed
    through the contractor would become the employee of
    the principal employer.

    6. In the High Court judgment, under appeal, reliance
    was placed on behalf of the workmen on the views of
    the High Courts of Karnataka, Madras, Gujarat and
    Bombay in the cases reported as F.C.I. Loading and
    Unloading Workers Union v. Food Corporation of
    India
    [(1986) 2 SLR 454 : (1985) 50 FLR 50 (Kant)] ,
    Workmen v. Best & Crompton Engineering Ltd.,
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    Madras [(1985) 1 LLJ 492 (Mad)] , Food Corporation
    of India Workers’ Union v. Food Corporation of India
    [(1990) 61 FLR 253 (Guj)] and United Labour Union
    v. Union of India [(1990) 60 FLR 686 (Bom)] , but the
    High Court took the view that they were not
    applicable.

    XXXX

    12. From the above provisions it is clear that the Act
    serves twofold purposes: (1) regulation of the
    conditions of service of the workers employed by the
    contractor who is engaged by a principal employer
    and; (2) also provides for the appropriate government
    abolishing contract labour altogether, in certain
    notified processes, operation or other works in any
    establishment. Neither the Act nor the Rules framed by
    the Central Government or by any appropriate
    government provide that upon abolition of contract
    labour, the said labour would be directly absorbed by
    the principal employer.

    13. The question arises when the Act does not provide
    for such a measure, but contents itself by merely
    regulating the conditions of service of the contract
    labour, can the Court in proceedings under Article 226
    of the Constitution, where the principal employer or
    the licence contractor violates the provisions of
    Section 9 (sic 7) or 12 respectively, direct that the
    contract labour so employed would become directly
    the employee of the principal employer.

    XXXX

    16. The decision of the Madras High Court in
    Workmen v. Best & Crompton Engineering Ltd.,
    Madras
    [(1985) 1 LLJ 492 (Mad)] really arose out of
    an award given by the Labour Court in an industrial
    dispute. The industrial dispute had been raised by the
    workmen of the principal employer. They challenged
    the termination of service of workmen by the
    management as the management did not requisition the
    service of 75 workmen after October 16, 1978 on the
    ground that they were employed by the licensed
    contractor. This led to an industrial dispute and on a
    reference made of the said industrial dispute, the
    Labour Court rejected the contention of the
    management and held that the so-called contractor was
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    a mere name-lender and did not hold licence under the
    Act and directed the reinstatement of the workmen
    with back wages and other benefits. This award of the
    Labour Court was challenged before the High Court by
    the management by a writ petition. The learned Single
    Judge of the Madras High Court took the view that the
    conclusion of the Labour Court that the labour
    contractor was not really a labour contractor, but he
    was merely acting as a tool in the hands of the
    management is not supported either by the pleadings of
    the parties or by the evidence. According to the learned
    Single Judge there was absolutely nothing to displace
    the weighty documentary evidence in favour of the
    management and therefore, he characterised the finding
    entered by the Labour Court to the contrary as being
    perverse and vitiated. The Division Bench in letters
    patent appeal reversed this finding of the learned
    Single Judge.

    17. The High Court observed at page 497:

    “In order to enable the Management to have the
    benefit of the contract labour, the Act has now
    legalised the employment of such contract labour,
    provided the intermediary contractor holds a valid
    licence and provided the Management also holds a
    valid licence as principal employer. This is subject
    to the prohibition contemplated under Section 10.
    There is no need for us to examine the content of
    Section 10 in this case. In order to regulate the
    employment of contract labour and to provide for
    abolition in certain circumstances, the said Act
    came to be passed. According to Section 7:

    ‘(1) Every principal employer of an
    establishment to which this Act applies shall,
    within such period as the appropriate
    Government may, by notification in the
    Official Gazette, fix in this behalf with
    respect to establishments generally or with
    respect to any class of them, make an
    application to the registering officer in the
    prescribed manner for registration of the
    establishment:

    Provided that the registering officer may
    entertain any such application for registration
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    after expiry of the period fixed in this behalf,
    if the registering officer is satisfied that the
    applicant was prevented by sufficient cause
    from making the application in time.
    (2) If the application for registration is
    complete in all respects, the registering
    officer shall register the establishment and
    issue to the principal employer of the
    establishment a certificate of registration
    containing such particulars as may be
    prescribed.’
    Under Section 12 of the Act, no contractor to whom
    this Act applies, shall undertake or execute any work
    through contract labour except under and in accordance
    with a licence issued in that behalf by the licensing
    officer. Sub-section (2) of Section 12 provides:

    ‘Subject to the provisions of this Act, a
    licence under sub-section (1) may contain
    such conditions including in particular
    conditions as to hours of work, fixation of
    wages and other essential amenities in
    respect of contract labour as the appropriate
    Government may deem fit to impose in
    accordance with the rules, if any, made under
    Section 35 and shall be issued on payment of
    such fees and on the deposit of such sum, if
    any, as security for the due performance of
    the conditions as may be prescribed.’
    The combined effect of these two provisions in our
    view makes it clear that for a valid employment of
    contract labour, two conditions should be satisfied,
    viz., not only the principal employer but also the
    contractor should possess the requisite licence. In other
    words, the holding of licence by one alone will not
    enable the management to treat the workmen as
    contract labour.”

    18. The High Court of Kerala in the case of P.
    Karunakaran v. Chief Commercial Superintendent

    [1988 Lab IC 1346 : (1988) 72 FJR 248 : (1988) 1 Ker
    LJ 570] took the same view as was taken by the Punjab
    and Haryana High Court in the judgment under appeal.

    A similar view was expressed by the Delhi High Court
    in the case of New Delhi General Mazdoor Union v.

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    Standing Conference of Public Enterprises (SCOPE)
    [(1991) 2 Delhi Lawyer 189].

    XXXX

    22. It is not for the High Court to inquire into
    the question and decide whether the employment of
    contract labour in any process, operation or in any
    other work in any establishment should be abolished or
    not. It is a matter for the decision of the government
    after considering the matter, as required to be
    considered under Section 10 of the Act. The only
    consequences provided in the Act where either the
    principal employer or the labour contractor violates the
    provision of Sections 9 (sic 7) and 12 respectively is
    the penal provision, as envisaged under the Act for
    which reference may be made to Sections 23 and 25 of
    the Act. We are thus of the firm view that in
    proceedings under Article 226 of the Constitution
    merely because contractor or the employer had
    violated any provision of the Act or the rules, the Court
    could not issue any mandamus for deeming the
    contract labour as having become the employees of the
    principal employer. We would not like to express any
    view on the decision of the Karnataka High Court or of
    the Gujarat High Court (supra) since these decisions
    are under challenge in this Court, but we would place
    on record that we do not agree with the aforequoted
    observations of the Madras High Court about the effect
    of non-registration of the principal employer or the
    non-licensing of the labour contractor nor with the
    view of Bombay High Court in the aforesaid case. We
    are of the view that the decisions of the Kerala High
    Court and Delhi High Court are correct and we
    approve the same.”(empshasis mine)

    55. The aforesaid observations of Hon’ble Supreme Court of
    India in Dena Nath‘s case (Supra) were quoted with approval by
    Hon’ble Constitution bench of Hon’ble Supreme Court of India
    in SAIL v. National Union Waterfront Workers, (2001) 7 SCC 1
    in the following manner:

    “96. In Dena Nath case [(1992) 1 SCC 695 : 1992 SCC
    (L&S) 349] a two-Judge Bench of this Court
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    considered the question, whether as a consequence of
    non-compliance with Sections 7 and 12 of the CLRA
    Act by the principal employer and the licensee
    respectively, the contract labour employed by the
    principal employer would become the employees of the
    principal employer.
    Having noticed the observation of
    the three-Judge Bench of this Court in Standard
    Vacuum case [AIR 1960 SC 948 : (1960) 3 SCR 466]
    and having pointed out that the guidelines enumerated
    in sub-section (2) of Section 10 of the Act are
    practically based on the guidelines given by the
    Tribunal in the said case, it was held that the only
    consequence was the penal provisions under Sections
    23
    and 25 as envisaged under the CLRA Act and that
    merely because the contractor or the employer had
    violated any provision of the Act or the Rules, the
    High Court in proceedings under Article 226 of the
    Constitution could not issue any mandamus for
    deeming the contract labour as having become the
    employees of the principal employer. This Court thus
    resolved the conflict of opinions on the said question
    among various High Courts. It was further held that
    neither the Act nor the Rules framed by the Central
    Government or by any appropriate Government
    provided that upon abolition of the contract labour, the
    labourers would be directly absorbed by the principal
    employer.”( emphasis mine)

    56. In view of the aforesaid authoritative pronouncements, in
    my considered opinion, reliance by Ld. AR for workman on the
    judgment of Hon’ble Telangana High Court in Power Grid
    Corporation
    ‘s Case (Supra) is highly misplaced.

    57. While relying upon the Judgment of Hon’ble Delhi High
    Court in Indian Oil Corporation Ltd Vs. Petroleum Workers’
    Union (Supra
    ), it is next sought to be contended by Ld. AR for
    Workman that the alleged contract, if any, between the
    Managements, for providing of transportation services, by
    Management no. 2, at the school of Management no. 1, should be
    held to be sham and bogus, in view of the fact that the Workman
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    was doing the perennial job of driver at the school of
    Management no. 1 since the year 2008 despite frequent change of
    contractors.

    58. I do not find any force in the aforesaid submission made on
    behalf of Workman, in as much as, the fact, that the Workman
    continued to work with Management no. 1 i.e. the principal
    employer for over a period of 10 years despite frequent change of
    contractors, is merely one of the relevant factors to determine
    whether the contract between the principal employer and
    contractor is sham and bogus or not, however, the aforesaid fact,
    by itself, is not sufficient to arrive at conclusion that the contract
    between the two Managements is sham and bogus or to hold the
    Workman to be in direct employment of Management no. 1
    school.

    59. Ld. AR for Workman has also referred to clause 38 of the
    alleged contract between Managements to indicate that the
    Managements through the aforesaid contract had indulged in
    unfair labour practice, in as much as, clause providing for
    rotation/change of Manpower after regular intervals was
    incorporated to deprive the Workman of his statutory benefits.
    Even if, it is assumed for the sake of arguments that clause 38 of
    the Contract between two Managements smells of unfair labour
    practice, however, the aforesaid fact, by itself is not sufficient to
    hold the whole contract to be sham and bogus and to hold the
    Workman to be an employee of Management no. 1.

    60. It is further significant to note in this regard that the facts of
    the case, before Hon’ble Delhi High Court, were altogether
    different from the facts of the present case. In the case before

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    Hon’ble Delhi High Court, not only, the Workmen had been
    continuously working with the principal employer despite change
    of contractors after every two years, but, during continuation of
    their employment, even the employment of contract labour stood
    prohibited in the industry, wherein, Workmen were employed. In
    fact, various factors, to be considered by the Court in
    determining the existence of employer-employee relationship
    between the parties, have been pointed out by Hon’ble Supreme
    Court of India in Bharat Heavy Electricals Ltd. Vs. Mahendra
    Prasad Jakhmola and Ors. (Supra
    ). Some of the relevant factors,
    pointed out in the aforesaid judgment, for determination of the
    aforesaid question are as follows:-

    (i) Who appoints the Workman.

    (ii) Who pays their salary/ remuneration

    (iii) who has the authority to dismiss

    (iv) Who can take disciplinary action

    (v) Whether there is continuity of service

    (vi) Existence of control and supervision i.e. whether
    there existed control and supervision.

    61. Qua the last of the aforesaid factors, it was noted by
    Hon’ble Supreme Court of India in the aforesaid judgment that
    principal employer cannot be said to control and supervise the
    work of the employee, merely because, he directs the Workman
    of the contractor ‘What to do’, after the Contractor assigns/allots
    the employee to the principal employer, in as much as, the said
    control shall be considered to be secondary control exercised by
    the principal employer. Relevant observations of Hon’ble
    Supreme Court of India, in the aforesaid judgment, are
    reproduced herein under for ready reference:

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    “23. From this judgment in Bengal Nagpur Cotton
    Mills case [Bengal Nagpur Cotton Mills v. Bharat Lal,
    (2011) 1 SCC 635 : (2011) 1 SCC (L&S) 16] , it is
    clear that Test No. 1 is not met on the facts of this case
    as the contractor pays the workmen their wages.

    Secondly, the principal employer cannot be said to
    control and supervise the work of the employee merely
    because he directs the workmen of the contractor “what
    to do” after the contractor assigns/allots the employee
    to the principal employer. This is precisely what para
    12 of Bengal Nagpur Cotton Mills case [Bengal
    Nagpur Cotton Mills v. Bharat Lal, (2011) 1 SCC 635 :

    (2011) 1 SCC (L&S) 16] explains as being supervision
    and control of the principal employer that is secondary
    in nature, as such control is exercised only after such
    workman has been assigned to the principal employer
    to do a particular work.

    24. We may hasten to add that this view of the law has
    been reiterated in Balwant Rai Saluja v. Air India Ltd.
    [Balwant Rai Saluja v. Air India Ltd., (2014) 9 SCC
    407 : (2014) 2 SCC (L&S) 804] , as follows: (SCC pp.
    437-38, para 65)
    “65. Thus, it can be concluded that the relevant
    factors to be taken into consideration to establish
    an employer-employee relationship would
    include, inter alia:

    (i) who appoints the workers;

    (ii) who pays the salary/remuneration;

    (iii) who has the authority to dismiss;

    (iv) who can take disciplinary action;

    (v) whether there is continuity of service; and

    (vi) extent of control and supervision i.e. whether
    there exists complete control and supervision.

    As regards extent of control and supervision, we have
    already taken note of the observations in Bengal
    Nagpur Cotton Mills case [Bengal Nagpur Cotton
    Mills v. Bharat Lal, (2011) 1 SCC 635 : (2011) 1 SCC
    (L&S) 16] , International Airport Authority of India
    case [International Airport Authority of India v.
    International Air Cargo Workers’ Union
    , (2009) 13
    SCC 374 : (2010) 1 SCC (L&S) 257] and Nalco case
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    [NALCO Ltd. v. Ananta Kishore Rout, (2014) 6 SCC
    756 : (2014) 2 SCC (L&S) 353] .”

    62. In the case in hand, admittedly, Workman was lastly not
    only receiving his wages from Management no. 2, but, even the
    ESI and EPF benefits to Workman were also being provided by
    Management no. 2. Prior to execution of contract between
    Management no. 1 and 2, admittedly, Workman used to receive
    his salary as well as other benefits from other contractors and not
    from Management no. 1. Even the sum of Rs. 1,10,639/-, towards
    full and final settlement of his dues, was also received by
    Workman from Management no. 2 and had never returned the
    same before filing of the present claim, while, impleading both
    the Managements.

    63. No doubt, Workman in his evidence by way of affidavit has
    categorically alleged that he had all along been working under
    direct control and supervision of Management no. 1, however,
    according to him, the said control and supervision was being
    exercised by Management no. 1 only in matters of timing of
    Work, driver’s uniform, route for traveling and sanctioned/non-
    sanctioned holidays etc.. It is not even his case that the power to
    take disciplinary action as well as to dismiss the Workman from
    his services had either been vested in Management no. 1 or that
    the same had ever been exercised by Management no. 1.

    64. Rather, as per his own averments made in the statement of
    claim, the advance notice dated 18.05.2018, qua termination of
    his services, was in fact issued by Management no. 2 and not by
    Management no. 1. The nature of control and supervision
    allegedly exercised by Management no. 2, even as per the case of
    Workman, was thus in the nature of secondary control and
    LID 330/2018
    Mukesh Kumar Vs. M/s Ryan International School
    Award dated 25.05.2026 Page 31 of 35
    supervision, as observed by Hon’ble Supreme Court of India in
    Mahendra Prasad Jakhmola‘s case supra, and the same is not
    sufficient to make the Workman a direct employee of
    Management no. 1.

    65. Even otherwise, during his cross-examination by Ld. AR for
    Management no. 1, he has denied the knowledge of contents of
    his affidavit.

    66. Ld. AR for Management no. 2 has also relied upon clause 4,
    19 and 31 of the Contract between Managements to contend that
    the aforesaid clauses are sufficient to hold the aforesaid contract
    to be sham and bogus, however, I am unable to find anything in
    the aforesaid clauses so as to lead to the conclusion that the said
    contract between Managements was either sham and bogus, in as
    much as, the aforesaid clauses merely enable the Management
    no. 1 to exercise secondary control over the workers deployed by
    Management no. 2 at its school.

    67. Under the aforesaid circumstances, this Court finds itself
    unable to record any finding in favour of Workman, qua
    existence of employer-employee relationship between the
    Workman and Management no. 1, merely, on the basis of bald
    and self-serving statements of Workman to the effect that he was
    appointed by Management no. 1 and had all along been working
    under direct control and supervision of Management no. 1. In
    fact, not even an iota of evidence, was led by him in the present
    case, to corroborate his aforesaid plea.

    68. So far as the judgment of Hon’ble Supreme Court of India
    in Bhilwara Dugadh Utpadak Sahakari Samiti Ltd. case supra,
    relied upon by Ld. AR for Workman, is concerned, in my humble
    LID 330/2018
    Mukesh Kumar Vs. M/s Ryan International School
    Award dated 25.05.2026 Page 32 of 35
    opinion, even the aforesaid judgment is distinguishable on facts,
    in as much as, in the aforesaid case before Hon’ble Supreme
    Court of India, Workman were being paid their wages at the rate,
    which, was more than the wages paid to the employees of the
    contractors and it was under the aforesaid circumstances that the
    Labour Court had come to a conclusion that Workmen therein
    were the employees of principal employer and the aforesaid
    finding of the Labour Court was upheld by Hon’ble Supreme
    Court of India.

    69. In the case in hand, it has already been observed herein
    above, that admittedly the salary as well as other statutory
    benefits to the Workman were being provided by Management
    no. 2 and there is not even iota of evidence led on behalf of
    Workman to prove that it was Management no. 1 who had the
    power to appoint, take disciplinary action and/or to dismiss the
    Workman. As has already been observed herein above, the
    alleged termination notice in the present case had been issued by
    Management no. 2 and not by Management no. 1, which,
    indicates that Management no. 1 had no authority to dismiss the
    Workman from his services.

    70. So far as the issue of exercise of direct control and
    supervision over the Workman is concerned, it has already been
    observed herein above that Workman had failed to prove that
    Management no. 1 used to exercise direct supervision and control
    over the services of Workman and the said control, if any, was
    merely secondary.

    71. In view of the aforesaid discussion, issue no. (i) is hereby
    decided against Workman.

    LID 330/2018

    Mukesh Kumar Vs. M/s Ryan International School
    Award dated 25.05.2026 Page 33 of 35
    Issue no. (ii): Whether the services of the claimant were
    terminated illegally or unjustifiably by the
    Managements? OPW

    72. Onus to prove the aforesaid issue was also upon Workman.
    Though, in his statement of claim, Workman has sought to
    challenge the termination/ retrenchment notice dated 18.05.2018,
    which, was admittedly issued by Management no. 2, however, he
    has prayed for his reinstatement with Management no. 1, while,
    alleging himself to be an employee of Management no. 1 and not
    of Management no. 2. He has alleged that the aforesaid
    retrenchment notice was issued by the Managements in collusion
    with each other.

    73. It has already been concluded herein above that the
    Workman has failed to prove existence of any employer-
    employee relationship between him and Management no. 1 and
    hence, there was no occasion for Management no. 1 to terminate
    the services of Workman, in collusion with Management no. 2,
    much less, illegally or unjustifiably. Considering the nature of
    claim of Workman, wherein, he has claimed himself to be in
    direct employment of Management no. 1 and has prayed for all
    the reliefs only against Management no. 1, however, has failed to
    prove himself to be in employment of Management no. 1, issue,
    qua legality of termination notice dated 18.05.2018, admittedly,
    issued by Management no. 2, does not arise for consideration of
    this Court, in as much as, even if, the aforesaid termination order
    is held to be illegal, on account of violation of provisions of
    Section 25F and 25G of Industrial Disputes Act, 1947, the
    Workman shall not be entitled to any relief against Management
    no. 1.

    LID 330/2018

    Mukesh Kumar Vs. M/s Ryan International School
    Award dated 25.05.2026 Page 34 of 35

    74. In fact, Workman has failed to prove that through the
    aforesaid termination notice dated 18.05.2018, his services were
    terminated by Management no. 1 and not by Management no. 2,
    in as much as, in the absence of any employer-employee
    relationship between Workman and Management no. 1, there was
    no occasion for Management no. 1 to terminate the services of
    Workman vide retrenchment notice dated 18.05.2018.

    75. In view of the aforesaid discussion, in my considered
    opinion, there is no need to deal with the submissions of Ld. AR
    of Workman qua illegality of termination notice dated 18.05.2018
    on account of the same being in alleged violation of provisions of
    Section 25F and 25G of Industrial Disputes Act, 1947.

    76. Issue no. (ii) is thus decided against the Workman.

    Issue no. (iii): Relief.

    77. In view of my findings on issues no. (i) and (ii) herein
    above, Workman is not entitled to any relief.

    78. Present claim of Workman, filed under the provisions of
    Section 10(4A) of Industrial Disputes Act, 1947, is thus hereby
    dismissed against both the Managements.

    79. Ordered accordingly.

    80. Requisite number of copies of this award be sent to the
    competent authority for publication as per rules.

    Announced in the open Court on this 25th day of May, 2026.
    This award consists of 35 number of signed pages.

    Digitally signed

                                                           ARUN                              by ARUN
                                                           KUMAR                             KUMAR GARG
                                                                                             Date: 2026.05.25
                                                                               GARG          16:29:52 +0530
    
                                                             (ARUN KUMAR GARG)
                                                     Presiding Officer Labour Court-III
                                                       Rouse Avenue Court, New Delhi
    LID 330/2018
    

    Mukesh Kumar Vs. M/s Ryan International School
    Award dated 25.05.2026 Page 35 of 35



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