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In view of the evidence that workman was working in the company, non issuance of appointment letter is not fatal to employer-employee relationship. - The Industrial Disputes Act, 1947

Relationship of employer-employee would be deemed to be in existence when the working of the workman with the management is admitted, in any manner, and the management could not falsify in its evidence that the workman did not work in their company or no evidence is adduced by the management that workman was engaged on temporary basis. Only non-issuance of appointment letter would not be taken as fatal to the averment of the workman.

Settled law is that when both parties know the respective cases they have to meet, omission to frame an issue on certain facts is not fatal and even if no issue is framed, whereas the parties have adduced evidence with certain issue (s) in their mind, the finding of the trial court would not be illegal.

In case of discharge or dismissal of the workman, Industrial Adjudicator is empowered to set aside the order passed by the disciplinary authority of the' management, awarding reinstatement with or without back-wages and to give such other relief as the circumstances of the case may require. Non-compliance of Section 25-F of the Industrial Disputes Act, 1947, would attract reinstatement with full back-wages by setting aside the order of dismissal.

-Canning Farms Pvt. Ltd. And Anr. vs. State of West Bengal and Others 2017 (Cal. H C.)


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