ANITA MATHUR Vs. IDEA CELLULAR LTD

JUDGEMENT

(1.) The challenge in this petition is to an Award dated 1st June 2011 passed by the Labour Court rejecting the Petitioners application DID No. 63 of 2010 under Section 2A and 10(4) of the Industrial Disputes Act, 1947 ("ID Act").

(2.) In the impugned Award of the Labour Court, it was held that the Petitioner who was employed as a Senior Manager-SDQ with the Respondent-management was not a workman in terms of Section 2(s) (iii) and (iv) of the ID Act.

(3.) On an analysis of the evidence, the Labour Court concluded that the nature of work assigned to the Petitioner was not of a clerical nature. She was assigned the work of preparing drafts of agreements, lease deeds, affidavits and maintaining the records and at tending telephone calls of the customers. She was assigned additional duties of disposing of the grievances of the customers on behalf of the management. In 2004, the Petitioner had been promoted as a Senior Manager on account of her good performance and had also been provided a Honda City car in lieu of travel allowance. Although there was no such document describing the nature of her duties, given the nature of the actual work performed by the Petitioner, it was concluded that she did not come within the purview of Section 2(s) of the ID Act.