CWP No. 11005 of 1989 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 11005 of 1989 Date of decision : March 11, 2011 Uttam Singh ...Petitioner Dev Ram and another ...Respondents Present: None. **** K. Kannan, J (Oral) 1. The writ petition challenges the award passed under Section 33-C (2) of the Industrial Disputes Act, 1947 awarding `13,160/- as share of the produce. The writ petitioner denied the relationship of employer and employee but the Tribunal found the same to have been established and awarded `8660/- in favour of the workman. 2. The relationship between the parties is essentially a question of appreciation of fact, The Labour Court held that Siri is actually employed in villages by oral understanding and it found the assertion of the petitioner to oath as sufficient to believe that he was speaking the truth and that there was no necessity for him to lead false evidence. The suggestion to the workman himself was that he was receiving a share of the produce at the time of every season. This suggestion was denied by the workman but this was sufficient to know that there existed a relationship between the employer and workman. Significantly, in this case the petitioner himself did not examine to deny the same and this was taken to be an important fact. CWP No. 11005 of 1989 2 3. The finding recorded by the Labour Court is purely factual and it cannot be reappraised in the writ petition. The award is confirmed and the writ petition is dismissed. (K. KANNAN) JUDGE March 11, 2011 archana