SINGER INDIA LTD Vs. HANS RAJ BHAGAT
LAWS(J&K)-2006-9-16
HIGH COURT OF JAMMU AND KASHMIR
Decided on September 18,2006

Singer India Ltd Appellant
VERSUS
Hans Raj Bhagat Respondents

JUDGEMENT

- (1.) HANS Raj Bhagat, respondent -1, has filed this application, CMP No.254/2005, seeking relief under Section 17 -B of the Industrial Disputes Act, 1947. It is stated that the second respondent, Labour Court, has ordered the reinstatement and payment of back wages to the first respondent in terms of its award dated 11th of September, 2004. This award has been questioned by Singer India Limited in OWP No.1173/2004.
(2.) MR . V.B. Gupta, learned counsel appearing for respondent -1, submits that the writ petitioner be directed to pay full wages to the first respondent from the date of filing of the writ petition until the conclusion of proceedings in OWP No.1173/2004.
(3.) THIS application has been opposed by the writ petitioner on the plea that the first respondent had been working in a supervisory capacity and was not thus entitled to claim any relief under the Industrial Disputes Act, because relief under the Act was available only to a workman. I have considered the submissions of learned counsel for the parties in support of their respective contentions. Plea of the writ petitioner was examined by the Labour Court in the light of the case law on the subject, whereafter it held that the first respondent worked with the writ petitioner as a workman as defined under the Industrial Disputes Act, 1947.;


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