05 November 2008
Supreme Court
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SATYANARAIN Vs M/S. HARYANA BREWERIES LTD.

Bench: LOKESHWAR SINGH PANTA,V.S. SIRPURKAR, , ,
Case number: C.A. No.-007275-007275 / 2002
Diary number: 1373 / 2002
Advocates: Vs UMESH KUMAR KHAITAN


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NON-REPORTABLE   

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.7275 OF 2002

SATYANARAIN ....APPELLANT

Versus

M/S. HARYANA BREWERIES LIMITED ....RESPONDENT

O R D E R

Heard learned counsel for the parties.

We have gone through the demand notice issued by the appellant and the

statement made by him before the Labour Court,  in which the appellant has not

claimed that he has worked for 240 days continuously in one year from the date of his

alleged employment till the date of his termination by the respondent.   

The award of the Labour Court reveals that the appellant has not produced his

engagement  letter  or  any  other  documentary evidence  to  show  that  he  was  an

employee of the respondent.  On the contrary, the records show that the  appellant

was  an  employee of some contractor through  

contd...2/-

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whom he was paid daily wages on vouchers basis.   The evidence adduced on record

does not prove that the appellant was an employee of the respondent and his services

were illegally terminated by the respondent.   The Labour Court recorded award

against the appellant which has been affirmed by the High Court.   

We do not find any infirmity in the impugned order of the High Court which

calls for interference.  The appeal is accordingly dismissed with no order as to costs.

............................J. (LOKESHWAR SINGH PANTA)        

............................J. (V.S. SIRPURKAR)               

NEW DELHI, November 5, 2008.