T P SRIDHARAN Vs. MANAGEMENT OF KEDUKAL ESTATE

JUDGEMENT

(1.) In this petition under Art. 226 of the Constitution, the petitioner prays for the quashing of the award dated 7-3-1962 (as per annexure A) passed by the Presiding Officer of the Labour Court, Bangalore, in reference No. 5/62. The service of the present petitioner T.P. Sridharan having been retrenched by the respondent, viz., the Management of Kedukal Estate, a reference had been made by the Government under Section 10(1)(c) of the Industrial Disputes Act 1947 to the said Labour Court, for adjudication. The point of dispute which was referred was:

(2.) It should be stated that is only with the first part of the first issue, that we are at present concerned; because, it is in consequence of the Labour Court's finding on this part of the first issue that the Labour Court has rejected the reference. That finding was to the effect that Sridharan was not a workman. That finding and the portion containing the reasons therefor, as set out by the Labour Court, are as follows:

(3.) The main contention of Sri. Ullal, the learned advocate for the petitioner is that the Labour Court in coming to the conclusion that the petitioner was not a workman, has completely lost sight of the statutory requisites as set out in the Section 2(s) of the Act. The relevant part of the provision is as follows: