J.S. MALIK Vs. ENERGY INFRASTRUCTURE (INDIA) LTD.

JUDGEMENT

(1.) This hearing has been done through hybrid mode.

(2.) The present petition has been filed by the Petitioner/Claimant - Mr. J.S. Malik, challenging the Award dtd. 7/3/2019 passed by the Labour Court in LID No.398/16 (Old No.347/14) titled Sh. J.S. Malik v. M/s. Energy Infrastructure (India) Ltd. By the impugned Award, the Labour Court has held that the Petitioner/Claimant is not a "Workman" within the meaning of Sec. 2(s) of the Industrial Disputes Act, 1947 (hereinafter, "Act"), and has dismissed the claim of the Petitioner/Claimant. Further, the Labour Court has also dismissed the application filed by the Respondent/Management seeking that the Issue No.1 framed, vide order dtd. 23/1/2013, be decided as a preliminary issue.

(3.) The Petitioner was initially appointed on 28/4/1989, as 'Secretary' by Respondent No.1's parent company being M/s. Wimco Ltd. for multifarious clerical duties. The relevant extract of the said appointment letter of the Petitioner is set out below: