Document Fragment View

Matching Fragments

7. Though not expressly stated by the Tribunal, it is apparent that the Tribunal has held that the agreement with M/s.Hingorani M & Company Chartered Accountants was a sham and that the direct employer- employee relationship was between the Corporation and Yatender Kumar Sharma.

8. Concerning Rajinder Prasad, the award dated October 27, 2010, which is in favour of Rajinder Prasad has discussed the evidence in paragraphs 15 to 21 and thereafter in paragraphs 23 to 28 as under:-

"15. When a dispute is raised in respect of existence of relationship of employer and employee between the parties, in that situation onus lies on the claimant to establish such relationship. To discharge that onus the claimant has examined Shri K.R.Menon, Vice President of Karvy Computer Share Pvt. Ltd., who were working as registrar and share transfer agent for the Corporation since 19th August, 1998. He unfolds that an agreement, which is Ex.WW1/1, was entered into between the Corporation and Karvy Consultants Ltd., on the strength of which the latter firm undertook to perform and fulfill such functions, duties and obligations and to provide such service as mentioned in the agreement. In the agreement it was not stipulated that the share transfer agent would be employing any person with the Corporation. Therefore, out of facts unfolded by Shri Menon it is crystal clear that the share transfer agents were not to employ any person for rendering services as detailed in Ex.WW1/1 with the Corporation. The Corporation could not get facts out of the mouth of the witnesses to establish that the claimant was an employee of share transfer Agent.
16. Shri Shakul Puri, Vice President of Karvy Consultants Pvt. Ltd., now known as Karvy Computer Share Pvt. Ltd. entered the witness box to lift the curtain in respect of relationship between the claimant and the Corporation. He unfolds that he had seen the claimant working in the office of the Corporation. The claimant had filed a writ petition before High Court of Delhi wherein Karvy Consultants Pvt. Ltd. was a party. He filed affidavit Ex.WW2/1 before the High Court. When Ex.WW2/1 is perused, it came to light that Karvy Consultants Pvt. Ltd. was appointed as registrar and transfer agent of the Corporation in August, 1998. The Corporation requested Shri Puri to route salary bill of 9 (nine) employees employed by the Corporation through its record on and around October, 98. Salary bill of nine employees were being routed through M/s Allied Computer Techniques Pvt. Ltd. till then, who were previous registrars and transfer agents. Routing of salary of nine persons was a friendly accommodation, which arrangement was entered into to foster and cement a healthy working relationship between the Corporation and registrar and share transfer agent. During the course of his cross examination, he projects that there was an oral arrangement between M/s.Karvy Consultants Pvt. Ltd. and the Corporation and in pursuance of the said arrangement no appointment letter was issued to those nine persons, referred by him in his affidavit Ex.WW2/1. He denied that Shri Rajinder Prasad was employed by Karvy Consultants Pvt. Ltd. However, he admits that he was paid by Karvy Consultants Pvt. Ltd. and money was being reimbursed by the Corporation as per arrangement. The arraignment started in November, 1998 and lasted till April or May, 2000. Facts projected by Shri Puri gives a jolt to the stand taken by the Corporation to the effect that the claimant was not its employee.
18. Shri Rajinder Prasad swears in his affidavit Ex.WW5/A that he was an employee of the Corporation since January, 96. He was employed in Bond Section of the Corporation. Ex.WW5/1 to Ex.WW5/4 refer to payments made by the Corporation directly to him. Ex.WW5/8 is a document initiated by him which was signed by Shri S.K.Ajmani, Manager of the Corporation and Shri C.S.Verma, Company Secretary of the Corporation respectively. Attendance sheet Ex.WW5/9 to Ex.WW5/11 project that he regularly worked for the Corporation for the month of July, 97, August, 97 and June, 98. Copy of the minutes held on 14.7.98 were prepared by him which were signed by Shri Sondhi, S.K.Ajmani and Shri S.Balachandran, Executive Director and Shri C.S.Verma, Company Secretary of the Corporation, which minutes are Ex.WW5/12 and EX.WW5/13. Copy of the salary list of the staff of the Corporation, containing his name for the month of June, 99, and July, 99 are Ex.WW5/14 and Ex.WW5/15, which list has been signed by Sureshan, Accountant of Karvy Computers Pvt. Ltd. at point A, Madhu Accountant of Karvy Computers Pvt. Ltd. signed at point B and Shri S.K.Ajmani, Manager of the Corporation at point C and C.S.Verma Company Secretary of the Corporation at point D. He had also relied documents Ex.WW5/16 to Ex.WW5/23, to show that he was an employee of the Corporation. During the course of his cross examination he projects that he was interviewed by Shri C.S.Verma, Group Manager on 21st of January, 96. He admitted that there was no authority with him to prepare copies, which are Ex.WW5/5 to Ex.WW5/23, from its originals.

9. Concerning Rajinder Prasad, we need to highlight that to discharge the onus upon him, he examined seven witnesses one of whom was Sh.K.R.Menon, Vice President of Karvy Computer Shares Pvt. Ltd. which was the registrar and share transfer agent for the Corporation since August 19, 1999 and as per the agreement Ex.WW-1/1 entered into between the Corporation and Karvy Consultants Ltd. It was not a term that the Karvy Consultants Ltd. would be sending any person to the office of the Corporation. Shakun Puri, the Vice President of Karvy Consultants Pvt. Ltd. deposed that he had seen Rajinder Prasad working in the office of the Corporation. His testimony was that after Karvy Consultants Pvt. Ltd was appointed as a registrar and share transfer agent of the Corporation, at the request of the Corporation he agreed that salary of 9 employees directly engaged by the Corporation would be paid by Karvy Consultants Pvt. Ltd. and reimbursed by the Corporation and that one of the said 9 persons was Rajinder Prasad. As per him it was a friendly accommodation gesture and the arrangement was entered into to foster and cement a healthy working relationship between the Corporation and the registrar and share transfer agent. Rajinder Prasad proved Ex.WW-5/1 to Ex.WW-5/4 concerning payment directly made to him by the Corporation. He also proved Ex.WW-5/8, a document initiated by him in the files of the Corporation. He also proved Ex.WW- 5/9 to Ex.WW-5/11 which were the attendance sheets signed by him and as maintained by the Corporation for the month of July, 1997, August, 1997 and June, 1998. He proved minutes written by him concerning board meetings of the Corporation, Ex.WW-5/12 and Ex.WW-5/13. Sh.Harish Chand Sondh Deputy Manager of the Corporation was also examined as a witness by him deposed that one Sh.C.S.Verma had interviewed Rajinder Prasad before he was given work in the Corporation. He deposed that Rajinder Prasad was working in the bond section under him but wages were being paid by the transfer agent.