J.K.SYNTHETICS LTD Vs. KSHETRIYA MANTRI HIND MAZDOOR SABHA

JUDGEMENT

(1.) The petitioner company in the instant writ petition seeks to quash the award of the Labour Court dated Feb. 11, 1992 and further seeks a declaration that Gopal Narain Bhati was a Supervisor and thus was not a workman as defined under Sec. 2(s) of the Industrial Disputes Act, 1947 (for short the Act) therefore was not entitled to any relief.

(2.) The facts as averred in the writ petition are that the respondent No.2 Gopal Narain Bhati was appointed on July 11, 1964 as an electrician and on May 1, 1967 he was promoted to the post of Electrical Supervisor.Thereafter he was promoted as Sr. Electrical Supervisor and assigned the work of supervision and was drawing salary of Rs. 2113/-. The workman was discharged from his services vide letter dated July 8, 1983 on the ground that his services were no more required. As a gesture of good will one month’s salary in lieu of notice was also offered to the workman by enclosing a cheque dated July 7, 1983 with the letter of discharge dated July 8, 1983.

(3.) Shri Bhati raised an industrial dispute before the Conciliation Officer vide letter dated Dec. 7, 1983. In the letter the workman averred that he was designated as Supervisor but he was discharging the duties of a workman. It was further averred that he has been discharged from services without complying with the provisions of Sections 25 N & 25 F of the Act and a prayer was made for reinstatement with all consequential benefits. The petitioner company submitted reply contending that Shri Bhati was a supervisor and he was in the cadre of Jr. Officer. He was discharging the duties of a Supervisor and was enjoying all the benefits, amenities and facilities as such he was not a workman as defined under section 2(s) of the Act. The Conciliation Officer submitted a failure report to the Government and the State Government on the basis of failure report referred the matter for adjudication to the Labour Court.