Fri. Jan 22nd, 2021

The Management Of Ramjas Public … vs Dharmender & Ors on 3 September, 2015

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1. Respondent Nos.1 to 8 raised an industrial dispute against M/s
Ramjas Public School (Day Boarding), Anand Parbat, New Delhi and
Smt.Promila Mehta, Proprietor of M/s Promila Mehta Caterers alleging
illegal termination of their services on July 01, 2002 without any notice and
without being paid any bonus for the last three years, EL and arrears of
minimum wages w.e.f August 01, 2000.
2. It was the claim of respondent Nos.1 to 8 that they were appointed by
Ramjas Public School however, the wages were paid to them through the
contractor Vishwanath Mehta, Proprietor of M/s Karan Caterers. The
workmen were protesting against this illegal contract policy of the

Management of Ramjas Public School. When Vishwanath Mehta died in
May 2002 Ramjas Public School terminated their services as noted above.
After the death of Vishwanath Mehta Ramjas Public School started taking
work from the newly appointed workmen through Management No.2, that
is, M/s Promila Mehta Caterers run by daughter-in-law of late Vishwanath
Mehta, Proprietor of Karan Caterers. Ramjas Public School and M/s Karan
Caterers were registered under the Abolition of Contract Act as principal
employer and registered contractor, this contract, if any, was not valid under
the law and the respondents No.1 to 8 were actually employees of Ramjas
Public School.

Source: Indian Kanoon

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