GOOD YEAR INDIA Vs. INDUSTRIAL TRIBUNAL RAJASTHAN JAIPUR
LAWS(RAJ)-1968-5-5
HIGH COURT OF RAJASTHAN
Decided on
May 08,1968
GOOD YEAR INDIA
Appellant
VERSUS
INDUSTRIAL TRIBUNAL RAJASTHAN JAIPUR
Respondents
Referred Judgements :-
BOARD OF EDUCATION V. RICE [REFERRED TO]LOCAL GOVERNMENT BOARD V. ABLIDGE [REFERRED TO]
EX PARTE: LONDON ELECTRICITY JOINT COMMITTEE CO. [REFERRED TO]
RIDGE V. BALDWIN [REFERRED TO]
KHADI GRAMODYOG BHAVAN,NEW DELHI,V. DELHI ADMINISTRATION [REFERRED TO]
RAWALPINDI VICTORY TRANSPORT CO. (PVT.) LTD. V. STATE OF PUNJAB [REFERRED TO]
STATE OF MADRAS VS. C P SARATHY [REFERRED TO]
STATE OF BIHAR VS. D N GANGULY: BATA SHOE COMPANY LIMITED [REFERRED TO]
ASSOCIATED CEMENT COMPANY LIMITED VS. P N SHARMA [REFERRED TO]
LALA SHRI BHAGWAN VS. RAM CHAND [REFERRED TO]
SINDHU RESETTLEMENT CORPORATION LIMITED VS. INDUSTRIAL TRIBUNAL OF GUJARAT [REFERRED TO]
L H SUGAR FACTORIES AND OIL MILLS PRIVATE LTD VS. STATE OF UTTAR PRADESH [REFERRED TO]
CHAMPION CYCLE INDUSTRIES VS. STATE OF UTTAR PRADESH [REFERRED TO]
G GURURAURTHY VS. K RAMULU [REFERRED TO]
B N ELIAS AND CO PRIVATE LTD VS. G P MUKHERJEE [REFERRED TO]
VASUDEVA RAO B K VS. STATE OF MYSORE [REFERRED TO]
NAGALINGA NADAR VS. B K NAYAR [REFERRED TO]
RAMBHAU SAKHARAM NAGRE VS. D G TATKE [REFERRED TO]
PANLPAT WOOLLEN AND GENERAL MILLS CO LTD VS. INDUSTRIAL TRIBUNAL [REFERRED TO]
GONDHARA TRANSPORT CO PVT VS. STATE OF PUNJAB [REFERRED TO]
RADHAKRISHNA MILLS (POLLACHI) LTD. VS. STATE OF MADRAS, REPRESENTED BY THE SECRETARY, INDUSTRIES, LABOUR AND CO-OPERATION AND ORS. [REFERRED TO]
RAMA VILAS SERVICE LTD , (KUMBAKONAM BRANCH) VS. STATE OF MADRAS [REFERRED TO]
Cited Judgements :-
FEDDERS LLOYD CORPORATION PRIVATE LIMITED VS. LT GOVERNOR DELHI [LAWS(DLH)-1969-5-20] [REFERRED]INDIAN TELEPHONE INDUSTRIES LTD VS. STATE OF KARNATAKA [LAWS(KAR)-1978-4-31] [REFERRED TO]
C MANUEL VS. MANAGEMENT OF NEEDLE INDUSTRIES INDIA LTD [LAWS(MAD)-1981-3-36] [REFERRED TO]
RADIO MANUFACTURERS OF INDIA VS. STATE OF WEST BENGAL [LAWS(CAL)-2003-9-32] [REFERRED TO]
WORKMEN OF NEW SNOW VIEW TRANSPORT PVT VS. STATE OF PUNJAB [LAWS(P&H)-1970-3-8] [REFERRED TO]
UDAIPUR COTTON MILLS VS. SUTI MILL MAZDOOR UNION [LAWS(RAJ)-1980-4-27] [REFERRED TO]
WESTERN INDIA MATCH CO LIMITED VS. WESTERN INDIA MATCH CO WORKERS UNION [LAWS(SC)-1970-1-5] [REFERRED TO]
ESCORTS LIMITED, FARIDABAD VS. INDUSTRIAL TRIBUNAL, HARYANA, FARIDABAD [LAWS(P&H)-1982-8-36] [REFERRED TO]
THE TRIBUNE TRUST VS. THE STATE OF PUNJAB AND ORS. [LAWS(P&H)-1992-1-197] [REFERRED TO]
UDAIPUR COTTON MILLS VS. SUTI MILLS MAZDOOR UNION [LAWS(RAJ)-1975-3-24] [REFERRED TO]
JUDGEMENT
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(1.)THIS is a writ petition under Article 226 of the Constitution by the Good Year india Ltd. praying for quashing the order of reference dated 16th May, 1967 by the Government of Rajasthan to the Industrial Tribunal, Jaipur and for an injunction restraining the respondents from proceeding with the purported adjudication.
(2.)THE petitioner, Good Year India Ltd. , is a company duly incorporated under the indian Companies Act having its Head Office at 225-C Acharya Jagdish Bose Road, calcutta with branches at many places in India including the one at Swastika house, Station Road, Jaipur. Shri A. A. Dhingra; respondent No. 4 was previously sales representative of the Company at Jullunder. In January, 1954, he was posted at Jaipur in the same capacity. On April 1, 1964 he was made sales assistant and on 1st January, 1966 he was made area supervisor. As an area supervisor, Shri Dhingra was in charge of the whole of the State of Rajasthan and a few towns of Madhya Pradesh. On 16-12-66, when his services were terminated by the Company, he was drawing a salary of Rs. 763. 36 (Rs. 706 basic salary plus rs. 57. 36 paise dearness allowance) besides a sizable amount as sales bonus. He was directly responsible to the District Manager of the Company stationed at Delhi. For business purposes, Delhi district of the Company comprised the States of punjab, Rajasthan, Himachal Pradesh, Kashmir, Hariyana, part of Uttar Pradesh and Madhya Pradesh. Annexure 'a' is a copy of the letter dated 16-12-1966, by which the employee's services were terminated.
(3.)ACCORDING to the petitioner, the duties of the employee were of a supervisory nature. His duties did not involve any manual, technical or clerical work. Further the employee's salary was at all material times more than Rs. 500 per month. He was, therefore, not a workman within the definition of Section 2 (s) of the industrial Disputes Act, 1947 (hereinafter called the Act ).
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(2.)THE petitioner, Good Year India Ltd. , is a company duly incorporated under the indian Companies Act having its Head Office at 225-C Acharya Jagdish Bose Road, calcutta with branches at many places in India including the one at Swastika house, Station Road, Jaipur. Shri A. A. Dhingra; respondent No. 4 was previously sales representative of the Company at Jullunder. In January, 1954, he was posted at Jaipur in the same capacity. On April 1, 1964 he was made sales assistant and on 1st January, 1966 he was made area supervisor. As an area supervisor, Shri Dhingra was in charge of the whole of the State of Rajasthan and a few towns of Madhya Pradesh. On 16-12-66, when his services were terminated by the Company, he was drawing a salary of Rs. 763. 36 (Rs. 706 basic salary plus rs. 57. 36 paise dearness allowance) besides a sizable amount as sales bonus. He was directly responsible to the District Manager of the Company stationed at Delhi. For business purposes, Delhi district of the Company comprised the States of punjab, Rajasthan, Himachal Pradesh, Kashmir, Hariyana, part of Uttar Pradesh and Madhya Pradesh. Annexure 'a' is a copy of the letter dated 16-12-1966, by which the employee's services were terminated.
(3.)ACCORDING to the petitioner, the duties of the employee were of a supervisory nature. His duties did not involve any manual, technical or clerical work. Further the employee's salary was at all material times more than Rs. 500 per month. He was, therefore, not a workman within the definition of Section 2 (s) of the industrial Disputes Act, 1947 (hereinafter called the Act ).
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