NAGANATH Vs. COMMON CADRE COMMITTEE

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Challenge in this appeal is to a judgment rendered by a Division Bench of the High Court of Karnataka holding that the appellants before it were not workmen and with that conclusion, setting aside the order of learned Single Judge, who had directed the Labour Court to adjudicate the basic issue as to whether the writ petitioners, the appellants herein were workmen and whether the Industrial Disputes Act, 1947 (in short "the Act") was applicable to their case. The writ petitioner-appellants in the present appeal had raised a dispute in terms of Sec. 33C(2) of the Act claiming certain benefits. The Labour Court, Gulbarga, by award dated 15.03.1997 held that the application of 166 applicants was to be allowed. They were entitled to minimum bonus @ 33% from the date of their appointment on the basis of annual wages from the Common Cadre Committee, Bidar represented by the President of the District Central Cooperative Bank Limited. Several writ petitions were filed which were heard by a learned Single Judge, who disposed of the writ petitions by a common order dated 26.05.1998. He was of the view that the basic issue was as to whether the claimants were workmen and same was to be adjudicated by the Labour Court and, therefore, remanded the matter to the Labour Court permitting the parties to place materials in support of their respective stands. It is to be noted that the Bank had questioned the claim of the claimants taking the stand that they were neither workmen nor entitled to any relief under the Act.

(3.) Appeals were preferred by the claimants and their appeal was numbered as Writ Appeal No. 5084 of 1998. Another writ appeal was filed by the Common Cadre Committee which was numbered as Writ Appeal No. 4390 of 1998. The appeal filed by the Common Cadre Committee was dismissed on the ground of limitation as well as lack of merits by order dated 5.02.1999. Writ Appeal No. 5084 of 1998 was disposed of subsequently by order dated 26.09.2000 which is the impugned judgment.