LPA No. 1540 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No. 1540 of 2010 (O&M) Date of Decision 22.11.2010 Lakhwinder Singh and others -----Appellants Versus Markfed ----Respondent CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MS. JUSTICE RITU BAHRI Present: Mr. Rahul Chhatwal, Advocate for the appellants. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. 1. The instant appeal filed under Clause X of the Letters Patent is directed against the judgment 20.07.2010 passed by the learned Single Judge holding that the appellants may raise an industrial dispute under the Industrial Disputes Act, 1947 (for brevity 'the Act') and/ or have recourse to any other appropriate remedy, if so advised. 2. The basis of the aforesaid order is that the Markfed- respondent has raised a serious dispute with regard to relationship with the appellants as their employees. On the ground that the disputed question of facts are likely to arise the learned Single Judge has relegated the appellants to avail the alternate remedy. LPA No. 1540 of 2010 (O&M) -2- 3. Having heard learned counsel for the appellant, we are of the considered view that the order dated 10.05.2010 passed by the Markfed-respondent clearly deny the relationship of employer and employee, whereas the appellants assert that according to the record they are the employees of the Markfed-respondent. Be that as it may, the fact remains that there is dispute with regard to relationship of employer and employee and the learned Single Judge has rightly relegated the appellant to alternate remedy. 4. Accordingly, the appeal fails and the same is dismissed. (M.M. KUMAR) JUDGE (RITU BAHRI) JUDGE November 22, 2010 Atul