Decided on April 28,1983



- (1.) IN this Writ petition the Petitioner Rallis India Limited (hereinafter called the Company) has invoked the jurisdiction of this Court under Art. 226 of the Constitution to quash the decision dated 24/4/1981 of the 4th industrial Tribunal, West Bengal that the respondent No. 3 Sri M. M. Kundu was a workman of the Company and the subsequent order Nos. 31 and 32 dated 10/8/1961 by which the Tribunal rejected the company's prayer for adjournment and heard the case ex parte to make the Award.
(2.) THE respondent No. 3 Sri Kundu was appointed as a clerk under the Company in april, 1943. He became a Commerce Graduate in 1948. He was promoted to supervisory cadre on 1/12/1955 (Exts. 2 and 3) He signed the service agreement dated 15/11/1967 (Ext. 1 ). Sri kundu worked in the Accounts Department of the Company's Howrah factory for about two years from 1974. He signed vouchers (ext. 5) in the absence of the Factory Manager and pay sheets (ext. 6 ). He was not a party to the settlement dated 19/7/1974 between the Company and the staff Union (ext. 4) as he belonged to the supervisory grade. Sri Kundu was transferred to the calcutta Regional Office of the Company on 25/4/1977 and posted in the Cash Department. While he was working there his service was terminated with effect from the afternoon of 10 31. 7. 78 in terms of clause 14 of the aforesaid service agreement. Sri Kundu raised dispute before the Conciliation Authority. On the basis of conciliation proceedings the Government of west Bengal referred an industrial dispute under s. 10 read with S. 2a of the Industrial Disputes act 1947 to the 4th Industrial Tribunal, West bengal for adjudication on the issue viz. , "is the termination of service of Sri MM. Kundu justified? To what relief if any he is entitled. "
(3.) THE Company raised a preliminary objection to the maintainability of the order of reference on the ground that at the time of termination of his service Sri Kundu was employed as a supervisory staff in the Cash Department of the Company's Calcutta Office having power to allocate jobs, to recommend the appointment of additional staff and leave for the staff working in the Cash Department and to control the work of the department, that at all material times his work involved the exercise of initiative and independent discretion that sri Kundu himself in his letter dated 27th July, 1978 admitted that he was a member of the management staff and that Sri Kundu used to receive monthly salary of about Rs. 1710. 00 and perquisites. It was contended on behalf of the company that Sri Kundu was employed mainly in a managerial or administrative capacity and or in a supervisory capacity drawing more than rs. 500. 00 per month and his function was mainly of managerial nature and so he was not a workman within the definition of S. 2 (s) of the Industrial Disputes Act.;

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