MOHAN JUTE MILL LIMITED Vs. RAM PRATAP TIWARI

JUDGEMENT

(1.) The present is a writ petition filed by the Petitioner assailing the order dated 11.5.2012 of the State Industrial Court, Chhattisgarh, Bilaspur Bench, in Civil Appeal No. 1/C.G.I.R.Act/A/II/2012.

(2.) Facts in nutshell are that the Respondent in the instant case was an employee of the petitioner-establishment and that the petitioner- establishment in between went into lock out and subsequently after a considerable period of time the said establishment restarted and it is alleged that a notice was issued to the respondent-employee by the petitioner to rejoin the establishment, but the respondent did not join and after some time when the respondent did go to join he was informed that the post on which he was working is no longer vacant and therefore he could not be given joining.

(3.) Assailing the said action on the part of the management in not granting joining to the respondent, he filed a case before the Labour Court, Raigarh, under Section 31(3) of the C.G.I.R. Act, where the case was registered as Civil Case No. 3/C.G.I.R./2010. The Labour Court vide its order dated 19.1.2012 went on to decide the case in favour of the petitioner-establishment holding that that since the designation on which the respondent was working was that of a supervisor and that the wages of the respondent was also more than Rs.1600/- a month therefore he would not fall within the definition of an employee as is defined under Section 2(13) of the C.G.I.R. Act. The Labour Court accordingly rejected the case of the respondent-employee holding that first he does not fall within the definition of an employee and the Labour Court went on to decide the case on merits and further reached to the conclusion that the respondent is not entitled for any relief.