Reinstatement of appellant

Appellant claimed to be the employee (English teacher) of the respondent-institution and owing to a dispute regarding monthly salary, the gate of the institution was closed for him

Appellant filed grievance petition before the labour court, where respondent institution took the plea that the appellant was not employee of the institution and Labour Court had no jurisdiction to adjudicate upon the matter

Validity

Respondent institution by not producing attendance register, salary register and other record had withheld best evidence to prove that the appellant was not the employee of the institution

Respondent-institution had not raised any objection regarding employment card (Exhibited) and the finding of Labour Court that the appellant was not employee of the respondent-institution was set aside

Appellant's statement that he was appointed was not cross-examined by the respondent institution and the part of statement of examination-in-chief which was not cross-examined was deemed to be admitted

Respondent-institution was admittedly a private institution and the appellant could knock the door of Labour Court for redressal of his grievance

Labour Court ignored documentary evidence produced by the appellant in support of his pleadings and on account of mistake of court, party could not be penalized

Order of the Labour Court was set aside and appeal was accepted in circumstances.