- (1.) M/s Kalamkari Designs Ltd., Gurgaon - the Management has filed the instant Letters Patent Appeal against the order dated 22.3.2012, passed by the learned Single Judge, whereby the writ petition (Civil Writ Petition No. 5332 of 2012) filed by the appellant for quashing the award dated 14.12.2011 (Annexure P-1) passed by the Labour Court II, Gurgaon, has been dismissed.
(2.) In the present case, the Labour Court vide its award dated 14.12.2011, after holding that services of respondent No.2 workman were illegally terminated, had ordered his re-instatement with continuity of service and 50% back wages at the rate of last drawn salary.
(3.) The issue raised before the Labour Court was that respondent No.2 was not a workman within the meaning of Section 2 (s) of the Industrial Disputes Act, 1947 (hereinafter referred to 'the Act'). Plea of the appellant - Management was that respondent No.2 was working as Private Secretary and was, thus, performing the managerial functions, therefore, he did not fall within the definition of 'workman' as defined in Section 2 (s) of the Act. On the other hand, respondent No.2 took the stand that he was not working in managerial or administrative capacity. He was simply doing the clerical and other works having no nexus with the managerial functions. The Labour Court, keeping in view the nature of duties assigned to respondent No.2 and the evidence led by both the parties, held that respondent No.2 is covered under the definition of 'workman' as defined in Section 2 (s) of the Act. Regarding the other issue as to whether termination of the services of respondent No.2 was justified or not, it was held that respondent No.2 had worked for more than 240 days continuous with the appellant and his services were illegally terminated on the pretext of loss of confidence of the Managing Director. Hence, respondent No.2 was ordered to be re-instated in service with 50% back wages.;