SHRI NAGUESH PRIOLKAR, RESIDENT OF T Vs. THE MANAGER (PERSONNEL & ADMINISTRATIVE), M/S E. MERCK (INDIA) LIMITED, PLOT NO. 11/1, MARWASODO, USGAO, PONDA
HIGH COURT OF BOMBAY
Shri Naguesh Priolkar, Resident Of T
The Manager (Personnel And Administrative), M/S E. Merck (India) Limited, Plot No. 11/1, Marwasodo, Usgao, Ponda
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C.V. Bhadang, J. -
(1.) By this petition, the petitioner is challenging the award dated 03.08.2007, passed by the Industrial Tribunal-cum-Labour Court, Panaji (Tribunal, for short), by which, issue No. 1 as to whether, the petitioner is a 'workman', as defined under Section 2(s) of the Industrial Disputes Act, 1947 (the Act, for short), has been decided in the negative and against the petitioner. As a result of the same, reference being IT No. 74/1992, raised by the petitioner, has been dismissed.
(2.) The brief facts necessary for the disposal of the petition may be stated thus: That, on 15.12.1982, the petitioner was appointed as a Trainee Junior Production Assistant with the respondent No. 1. The petitioner worked as such, in the Vitamin-E Plant of the respondent No. 1. The petitioner was promoted as a Supervisor w.e.f 01.06.1991 and continued to work in Vitamin-E Plant, till he was transferred to 'Guaiazulene Plant', in September, 1991. The petitioner was terminated from service w.e.f 08.07.1992. The petitioner raised an industrial dispute, which was referred to the Industrial Tribunal and was registered as IT No. 74/1992.
(3.) The respondent No. 1 (party No. 2 before the Tribunal), resisted the reference on various grounds, including the maintainability of the reference. It was contended that at the time of termination of the petitioner, the petitioner was working as Supervisor Grade-I and was drawing wages in excess of Rs. 1600/- per month and as such, was not covered within the definition of a 'workman' under Section 2(s) of the Act.;
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