SHARAD KUMAR Vs. GOVERNMENT OF NCT OF DELHI
SUPREME COURT OF INDIA (FROM: DELHI)
GOVERNMENT OF NCT OF DELHI
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(2.)This appeal filed by the employee is directed against the order dated 10-7-2000 of the Delhi High Court declining to interfere with the order of the Government of National Capital Territory of Delhi (NCT of Delhi) refusing to refer the dispute raised by the appellant to the Industrial Tribunal/Labour Court on the sole ground that he is not a 'workman' within the meaning of Section 2(s) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act').
(3.)The factual backdrop of the case relevant for appreciating the question raised in the case may be stated thus :
The appellant was holding the post of 'Area Sales Executive' when his service was terminated vide the order dated 20-12-1995. The order was communicated to him on 28-12-1995. No show cause notice was served nor any enquiry was held before the order terminating appellant's service was passed. However, one month's salary was sent to him along with the termination letter. The appellant questioned the legality and validity of the order of termination of service. The matter was taken up for conciliation. The Conciliation Officer submitted a failure report to the State Government on 23-10-1996. On receipt of the Conciliation Officer's report the State Government declined to refer the dispute to the Industrial Tribunal or the Labour Court for adjudication vide order dated 14-7-1998. The relevant portion of the order reads :
"All the documents filed and submissions of the parties and the report of the Conciliation Officer have been perused and it is found that this is not a fit case for reference to Industrial Tribunal or Labour Court of Delhi for adjudication for the reasons given below :
"Admittedly the applicant was designated as Area Sales Executive and performing the duties of Area Sales Executive, as such he is not covered by the definition of "Workman" as defined under Section 2(s) of the Industrial Disputes Act, 1947."
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