: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2615 OF 2008 Gopal D. Sharma ....Petitioner V/s. M/s.Raymond Ltd. ....Respondent Mr.Vasant J. Amberkar for the Petitioner. Ms.Meena H. Doshi for the Respondent. CORAM : S.J. VAZIFDAR, J. DATED : 6TH JANUARY, 2009. P.C. : 1. The impugned order warrants no interference. From the material produced, it is difficult to establish a employer employee relationship between the parties. 3. For instance, the Petitioner’s name is not shown on the muster-roll. The evidence has been led as to the manner in which the Respondent engages its employees. There is no evidence to indicate how the Petitioner was employed by the Respondent. Further the Labour Court had also rightly relied upon the admissions made by the Petitioner inter-alia to the effect that his provident fund is credited with the amounts paid by the contractor namely Bhagiram who was engaged by the Respondent. Mr.Bhagiram conducted the : 2 : business as a sole proprietor in the name and style of Unique Housekeeper to whom the Respondent contracted work as such of making tea, cleaning the office premises, bathroom, lavatory etc. 4. The only document on which reliance was placed is ESIC record. There is considerable discrepancy/doubt regarding the same. The same does not even bear the seal of the company. The witness examined by the Petitioner have not proved the document. Added to this is the fact that the Contractor - Unique Housekeeper had made a contribution to ESIC inter-alia in respect of the Petitioner. On the other hand, significantly, no such contribution is proved to have been made by the Company. 5. In the circumstances, the Writ Petition is dismissed.