YOGENDER KUMAR Vs. B R KOHLI AND CO

JUDGEMENT

(1.) This petition by the petitioner workman challenges the impugned Award dated 6th March, 2000, by the Labour Court, respondent No.4. The impugned award was upon the reference made at the behest of the petitioner and arose from the averred termination of the petitioner's services by the respondent No.1 on 6th June, 1998. The impugned award has declined to adjudicate on the referred dispute on merits on the ground that the claimant/workman petitioner herein, who was drawing Rs.1,800/- per month and working as a supervisor was beyond the definition of a workman as per Section 2 (s) of the Industrial Disputes Act.

(2.) In my view the impugned award does not contain any discussion of the nature of the work done by the petitioner and has solely proceeded on the nomenclature apart from not examining the impact of section 2(s) of the Act. The entire discussion of the Tribunal is contained in the following findings:-

(3.) The learned counsel for the petitioner has also relied upon the following position of law laid down by the Hon'ble Supreme Court in S.K. Maini vs. M/s Carona Sahu Company Limited and Others reported as 1994 SCC (L&S) 776 wherein it was held:-