K C TEWARI S/O KALI CHARAN TEWARI Vs. STATE OF UTTARANCHAL AND ORS
LAWS(UTN)-2013-2-58
HIGH COURT OF UTTARAKHAND
Decided on February 20,2013

K C Tewari S/O Kali Charan Tewari Appellant
VERSUS
State Of Uttaranchal And Ors Respondents

JUDGEMENT

- (1.) By means of this petition the petitioner has sought a writ in the nature of certiorari for quashing the order dated 25.5.2001 passed by respondent No.3- Deputy Labour Commissioner Kumaun Range, Haldwani, Nainital. Further prayer has been made to issue direction to State Government to exercise its power under Section 4-K of U.P. Industrial Act and to refer the matter in dispute arising out of termination of service of the petitioner for adjudication to an appropriate court under the U.P. Industrial Disputes Act.
(2.) Briefly stated the facts giving rise to this writ petition, according to the petitioner, are that the petitioner was appointed by the respondent employer in the post of packing Assistant on 22.4.1988 and since then he continuously worked upto the date of termination i.e. 1.4.1998. According to the petitioner the termination was totally illegal. The employer without complying the provisions of Industrial Dispute Act, terminated the service of the petitioner. The petitioner approached the Conciliation Authority and moved an application U/S 2-A of U.P. I.D. Act before the Deputy Labour Commissioner/Conciliation Officer on 4.8.1998. The case was registered as C.P. Case No. 117 of 1998. The respondent employer appeared before the court and filed W.S. The respondent employer pleaded that the post of Junior Officer falls under the category of Supervisor and hence the petitioner is not covered under the definition of 'workman' as defined in U.P. I.D. Act. The petitioner also filed rejoinder affidavit before the Deputy Labour Commissioner. The Deputy Labour Commissioner after hearing the parties rejected the reference on 25.5.2001.
(3.) Aggrieved by the impugned order the petitioner has preferred this writ petition.;


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