Twenty First Century Printers Ltd., Mumbai
Vs
K.P.Abraham & Anr
Facts of the Case:
The petitioner is a company, engaged in the manufacture of printed packing material. They had appointed the respondent No. 1 as Purchase Officer. Apprantelly, in the course of employment, the petitioner asked the respondent No. 1 to carry some article from Mumbai to Ahmadabad. The respondent No. 1 declined to carry. The incident took an ugly turn and the petitioner decided to terminate the respondent No. 1’s services. Apparently , some abusive language was also used. However, on the main issues raised in this petition i.e. whether the respondent No. 1 was a workman.
The labour court held that the respondent No.1 is a workman under the Industrial Dispute Act , 1947 and termination of his service is illegal. The Learned Presiding officer has directed reinstatement of the respondent No. 1 with continuity of service and payment of full back wages.
The Petitioner has challenge the award of labour court in Hon’ble High Court.
Decision:
The Hon’ble High Court allowed the writ petition and quashed the impugned order of labour court in holding him a workman and setting aside his termination. It was held that the purchase officer functioning in the managerial capacity will not be a ‘workman’ under the Industrial Disputes Act.
Source: Labour Law Reporter 5, January 2009 |
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