STEEL CONSTRUCTION COMPANY Vs. THEIR WORKMEN AND

JUDGEMENT

(1.) This is a writ petition preferred under Art. 226 of the Constitution by the management of the Steel Construction Company, Yeshwanthapur, against the award of the labour court, Bangalore, in LCS. No. 23/1957, dated 9 October, 1959, by which 28 workmen referred to in the order of reference made by the Government, were directed to be reinstated in the service of the petitioner

(2.) The petitioner contended that the said 28 workers were not workmen employed by them but were the employees of their contractor one Thammayya. On the contention, the finding of the labour court contained in Para. 61 of its award reads thus :-

(3.) The jurisdiction of the labour court to adjudicate upon the dispute and to order reinstatement is dependent on the fact that the said workmen are employed by the management of the petitioner-company. If no employer-and-employee relationship is found to exist between the management of the petitioner-company and the said 28 workmen, the labour court would have no jurisdiction to order their reinstatement. This is clear from the definition of "workman" read in conjunction with the definition of "industrial dispute" in Ss. 2(s) and 2(k) of the Industrial Disputes Act, 1947. The definitions read thus :