DINESH KUMAR vs M/S SUN STARING WHEEL PRIVATE LTD. AND ANR.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 108 CWP-22248-2012 Date of Decision : May 13, 2026 DINESH KUMAR -PETITIONER V/S M/S SUN STARING WHEEL PRIVATE LTD. AND ANR. -RESPONDENTS CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI Present: Mr. Sandeep Kumar Rawal, Advocate, for Mr. Rakesh Gupta, Advocate for the petitioner. Mr. Surjit Singh Saini, Advocate, and Mr. Surendra Pant, Advocate for the respondents No.1 and 2. *** KULDEEP TIWARI, J. (ORAL) 1. Through the instant writ petition, the petitioner/workman assails the award dated 15.02.2012 passed by the Industrial Tribunal, Gurgaon, whereby the reference was answered against him on two grounds, namely: (i) the workman had not completed 240 days of service in the twelve months preceding the date of termination; and (ii) no employer- employee relationship existed between the respondent No.1/management and workman. 2. Learned counsel for the workman, by placing reliance upon the communication dated 01.09.2001 (Annexure P-3) addressed by respondent No.1 to Saraswati Hospital, whereby consent was accorded for continuation of medical treatment of the workman on account of injury suffered by him to his right index finger during the