ANAND REGIONAL CO-OP OIL SEEDSGROWERS UNION LTD Vs. SHAILESHKUMAR HARSHADBHAI SHAH
LAWS(SC)-2006-8-8
SUPREME COURT OF INDIA
Decided on August 08,2006

ANAND REGIONAL CO-OP. OIL SEEDSGROWERS UNION LTD Appellant
VERSUS
SHAILESHKUMAR HARSHADBHAI SHAH Respondents





Cited Judgements :-

M/S. MOHAN MEAKIN LIMITED VS. PRESIDENT [LAWS(HPH)-2018-5-249] [REFERRED TO]
JAGDISH PRASAD SHARMA VS. U.P. STATE PUBLIC SERVICES TRIBUNAL [LAWS(ALL)-2017-2-220] [REFERRED TO]
JAWHARLAL NEHRU VISHWA VIDYALAYA VS. P C MODI [LAWS(MPH)-2009-12-28] [REFERRED TO]
E SANKARAN VS. SECRETARY TO GOVERNMENT LABOUR AND EMPLOYMENT PP1 DEPARTMENT CHENNAI [LAWS(MAD)-2011-2-742] [REFERRED TO]
MANAGEMENT OF S AND S POWER S AND S POWER SWITCHGEAR LTD VS. PRESIDING OFFICER PRINCIPAL LABOUR COURT [LAWS(MAD)-2008-6-398] [REFERRED TO]
U P S R C T C VS. RAM KISHAN ARORA [LAWS(SC)-2007-5-77] [REFERRED TO]
RAJENDRA YADAV VS. STATE OF M.P [LAWS(SC)-2013-2-27] [REFERRED TO]
M/S SUPERTECH LIMITED VS. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL (5), U.P. AND 2 ORS. [LAWS(ALL)-2018-4-529] [REFERRED TO]
SATISH KUMAR SANDWAR VS. CHAIRMAN CUM MANAGING DIRECTOR [LAWS(JHAR)-2021-3-6] [REFERRED TO]
GUJARAT INSECTICIDES LTD. VS. PRESIDING OFFICER [LAWS(GJH)-2022-8-339] [REFERRED TO]
SPICE COMUNICATIONS LTD VS. REETHA BHEEMAIAH [LAWS(KAR)-2006-12-71] [REFERRED TO]
M MURUGAN VS. PRESIDING OFFICER INDUSTRIAL TRIBUNAL HIGH COURT COMPOUND MADRAS [LAWS(MAD)-2012-6-18] [REFERRED TO]
P DHANAJEYAM VS. VICE CHANCELLOR UNIVERSITY OF MADRAS [LAWS(MAD)-2011-6-219] [REFERRED TO]
AMARESH NARAYAN CHOWDHURY VS. UNITED BANK OF INDIA [LAWS(GAU)-2009-1-1] [REFERRED TO]
V CHENNAKESAVALU VS. STATE OF TAMIL NADU [LAWS(MAD)-2009-12-471] [REFERRED TO]
LIFE INSURANCE CORPORATION OF INDIA VS. SHRI SANDEEP GUPTA [LAWS(DLH)-2009-5-364] [REFERRED TO]
C.P. SHARMA VS. GROUP 4 SECURITIES INDIAN PVT. LTD. [LAWS(DLH)-2008-1-174] [REFERRED TO]
KULWANT SINGH VS. P O INDUSTRIAL TRIBUNAL [LAWS(DLH)-2010-6-76] [REFERRED TO]
NETRANG VIBHAG MILK PRODUCERS COOPERATIVE SOCIETY LTD VS. CHANDRAKANT VITHALBHAI MISTRY [LAWS(GJH)-2011-4-281] [REFERRED TO]
NITYA NAND SINHA VS. HL PROMOTERS PRIVATE LIMITED [LAWS(DLH)-2019-12-59] [REFERRED TO]
RAJ VEER SINGH VS. STATE OF U.P. [LAWS(ALL)-2017-5-120] [REFERRED TO]
GAJANAN KISAN KOLI VS. RAJSHREE ABRASIVES PVT LTD [LAWS(BOM)-2008-8-456] [REFERRED]
ANIL KUMAR VS. CHAIRMAN-CUM-MANAGING DIRECTOR, DTC [LAWS(CA)-2012-10-4] [REFERRED TO]
AMRESH KUMAR VS. SHRI HARI OVERSEAS (P) LTD [LAWS(DLH)-2019-5-8] [REFERRED TO]
ASHOK KUMAR MONGA VS. UCO BANK [LAWS(DLH)-2010-7-42] [REFERRED TO]
SINGHBHUM VS. MANAGEMENT OF M/S TATA IRON AND STEEL COMPANY LTD [LAWS(JHAR)-2017-12-64] [REFERRED TO]
JAYANTKUMAR MAGANBHAI PACHCHIGAR VS. BARODA RAYON CORPORATION LTD [LAWS(GJH)-2016-2-341] [REFERRED]
R MUTHUKRISHNAN VS. MANAGING DIRECTOR [LAWS(MAD)-2009-1-133] [REFERRED TO]
THE PRESIDENT, MANGALODAYAM HANDLOOM WEAVERS CO-OPERATIVE SOCIETY VS. R. SUDHA AND ORS. [LAWS(KER)-2015-1-59] [REFERRED TO]
ANOPSINH HARISINH BHAGORA VS. STATE OF GUJARAT [LAWS(GJH)-2022-6-846] [REFERRED TO]
S KALYANKRISHNAN VS. BLUE STAR LTD [LAWS(GJH)-2011-11-2] [REFERRED TO]
EX NO 831530053 INSPECTOR M A A KHAN VS. UNION OF INDIA AND OTHERS [LAWS(ALL)-2019-3-154] [REFERRED TO]
DHAMPUR SUGAR MILLS LTD VS. STATE OF U P [LAWS(ALL)-2013-5-278] [REFERRED TO]
AKBAR ALI VS. UNION OF INDIA [LAWS(GAU)-2009-10-8] [REFERRED TO]
THE SPECIAL OFFICER, ED 178 K GANAPATHYPALAYAM MILK PRODUCERS CO-OPERATIVE SOCIETY VS. P. RAJENDRAN AND ORS. [LAWS(MAD)-2019-7-739] [REFERRED TO]
RAM GULAM VS. HARYANA DAIRY DEVPT CO OP FEDERATION LTD [LAWS(P&H)-2007-7-19] [REFERRED TO]
SHALIMAR PAINTS LIMITED VS. FIRST INDUSTRIAL TRIBUNAL [LAWS(CAL)-2011-5-140] [REFERRED TO]
RAJESH BHAGWATILAL GANDHI VS. MANAGER/ EMPLOYER [LAWS(GJH)-2018-8-7] [REFERRED TO]
CUDDALORE DISTRICT CENTRAL CO-OPERATIVE BANK LTD. VS. PRESIDING OFFICER [LAWS(MAD)-2013-6-30] [REFERRED TO]
A.AKBAR ALI VS. PRINCIPAL SECRETARY TO GOVERNMENT, HOME [LAWS(MAD)-2020-12-322] [REFERRED TO]
JAYA PRAKASH MOHANTY VS. STATE OF ODISHA REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT AND OTHER [LAWS(ORI)-2017-6-14] [REFERRED TO]
DEPUTY CHIEF MECHANICAL ENGINEER PERSONNEL BRANCH GOLDEN ROCK WORKSHOP SOUTHERN RAILWAY VS. G ANNIE CHRISTY [LAWS(MAD)-2008-11-114] [REFERRED TO]
G VIJAYAN VS. PRESIDING OFFICER LABOUR COURT [LAWS(MAD)-2007-8-198] [REFERRED TO]
K K MADASAMY VS. PRESIDING OFFICER, PRINCIPAL LABOUR COURT, MANAGEMENT OF HINDUSTAN COLLEGE OF ARTS AND SCIENCE [LAWS(MAD)-2011-9-431] [REFERRED]
AKHILESH KUMAR SINGH VS. STATE OF JHARKHAND [LAWS(SC)-2007-12-74] [REFERRED TO]
K P SUBRAMANIAM VS. MANAGEMENT OF ASHOK LEYLAND LTD [LAWS(MAD)-2007-3-397] [REFERRED TO]
MOHAN MEAKIN LIMITED VS. PRESIDENT MOHAN MEAKINS [LAWS(HPH)-2012-5-232] [REFERRED TO.]
NORTH EASTERN CHEMICALS VS. STATE OF ASSAM [LAWS(GAU)-2012-6-42] [REFERRED TO]
ISHWAR LAL VS. LABOUR COURT, UDAIPUR [LAWS(RAJ)-2014-4-203] [REFERRED TO]
NARSINGH SHARMA VS. BIHAR STATE ELECTRICITY BOARD [LAWS(PAT)-2012-3-159] [REFERRED TO]
BISHWA RAM OJHA VS. MANAGEMENT OF M/S TATA IRON AND STEEL COMPANY LTD. [LAWS(JHAR)-2017-12-173] [REFERRED TO]
SANT KEJAJI MAHARAJ SMRUTI AND SHAIKSHANIK SANSTHA VS. RAJENDRA DEORAOJI RAUT [LAWS(BOM)-2019-4-293] [REFERRED TO]
SHRI SANT KEJAJI MAHARAJ SMRUTI AND SHAIKSHANIK SANSTHA VS. RAJENDRA DEORAOJI RAUT [LAWS(BOM)-2019-4-77] [REFERRED TO]
STATE OF U.P. VS. U.P. STATE PUBLIC SERVICES TRIBUNAL [LAWS(ALL)-2019-10-290] [REFERRED TO]
TRILOKI NATH CHAUDHARY VS. SHRI HARI OVERSEAS (P) LTD [LAWS(DLH)-2019-5-7] [REFERRED TO]
E V RAMANARAYANAN, SENIOR MANAGER (STANDS REMOVED) VS. GENERAL MANAGER (HRM), HRM DEPARTMENT, INDUSTRIAL RELATIONS DIVISION AND ORS [LAWS(KER)-2015-12-358] [REFERRED]
HONGKONG AND SHANGHAI BANKING CORPORATION LTD VS. GOVT OF INDIA [LAWS(DLH)-2008-9-60] [REFERRED TO]


JUDGEMENT

S.B. Sinha. J. - (1.)Leave granted.
(2.)The Respondent was working as an Assistant Executive in the Quality Control Department of the Appellant Cooperative Society. On an allegation that he had committed a misconduct, a disciplinary proceeding was initiated against him. The disciplinary proceeding was initiated relying on or on the basis of a letter dated 16.9.1993 of Shri Shreedharani, the then Chief Executive working in the Appellants, addressed to the Chairman complaining about the serious misconduct committed by certain employees including the Respondent on 15.9.1993. In the departmental proceeding Shri Shreedharani and other persons were examined, as witnesses. The Enquiry Officer found the Respondent guilty of the alleged misconduct on his part, holding:
(a) the respondent held a meeting in the lawns of Appellant without permission and leveled false allegations against his Senior Officer Mr. Shreedharani and behaved badly with him.

(b) The respondent alongwith his other colleagues forcibly entered into the cabin of Mr. Shreedharani who was at that point of time in serious discussions with his accountant despite his raising objections to the same.

(c) The respondent also threatened Shri Shreedharani by stating inter alia that if he does not leave directly then they will show him the way.

(d) The respondent crushed paper into ball and threw towards Shri Shreedharani.

(e) The Respondent misbehaved, shouted slogans against Shri Shreedharani and also closed the AC switch of the room where Shri Shreedharani was sitting.

(3.)Punishment of dismissal from service was imposed upon him. An industrial dispute was raised culminating in a reference made by the appropriate Government to the Labour Court, Anand on 25.10.1996. Before the Labour Court, the Appellant inter alia raised a contention that in view of the nature of duties performed by the Respondent herein he does not fall within the definition of workman as contained in Section 2(s) of the Industrial Disputes Act, 1947 (for short "the Act"). The Labour Court negatived the said contention of the Appellant.
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