- (1.) THIS writ petition has been filed against the award dated June 20, 1992 and the order dated January 20, 1993.
(2.) THE brief facts of the case are that the petitioner was initially appointed as Lab Assistant with M/s. Anil Steel and Industries Ltd, Kanakpura, Jaipur and was confirmed on October 31, 1984. He was promoted on the post of Assistant Foreman and was dismissed from service on July 20, 1991. An application was filed before the Competent Authority under the provision of Rajasthan Shops and Commercial Establishments Act, 1958 (hereinafter to be referred as the Act of 1958 ). The Competent Authority refused to entertain the said application vide order dated June 20, 1992 on the ground that the employer is registered under the Factories Act, 1948 and, therefore, the provisions of the Act of 1958 are not applicable. It was observed by the said authority that the petitioner may raise the industrial dispute under the Industrial Disputes Act. A review application was submitted which was also dismissed on January 20, 1993.
(3.) THE submission of the learned Counsel for the petitioner is that simply because of registration under the Factories Act, the provisions of the Act of the 1958 are not excluded. It is submitted that the petitioner being the Assistant Foreman is not covered under the definition of Factory worker and he was supervising the work of other employees and is drawing salary more than 1,6007- per month.;