R KARTIK RAMCHANDRAN Vs. P O LABOUR COURT

JUDGEMENT

(1.) The issue in the present case is as to whether a 'trainee steno clerk expediter' would be covered within the definition of workman under Section 2(s) of the Industrial Disputes Act, 1947 and whether the service of such trainee could not have been terminated without compliance of Section 25(f) of the Industrial Disputes Act, 1947

(2.) The petitioner in the instant case was admittedly appointed as a trainee steno, clerk, expediter vide a letter dated 20.4.1990 by the respondent under the training scheme of Wipro Fluid Power. As per the letter of appointment, the petitioner was required to report on training on or before 30.4.1990. The training was stipulated for the period of six months from the date of joining unless extended in writing by the company. During such period of training, the trainee/petitioner was to be paid a consolidated stipend of Rs. 1,800/- per month and was not entitled to any other allowance or benefit of any nature. There was a prohibition under the letter of appointment to the petitioner taking up any other remuneration, part time or otherwise, or in any advisory capacity nor could the petitioner be interested, directly or indirectly, in other business during this training. The petitioner was liable to be transferred to the other locations, divisions or departments of the company without any other stipends on such transfer. The letter of appointment has been placed on record. It also stipulated that during the period of training, the appointment can be terminated by one month (30 days) notice without any reason. It is stipulated that the company reserved its rights to pay or recover stipend in lieu of the notice period. However, the company reserved the right to relieve the petitioner even before the expiry of the notice of period without compensating the petitioner for the unexpired period.

(3.) Upon completion/termination of the training, the petitioner was required to surrender to the company all correspondence and data, etc. belonging to it or relating to its business without retaining any copies thereof with him. It was stipulated that on satisfactory completion of training and subject to suitable vacancy in the company, the petitioner may be offered regular employment in the non-management cadre, though the company was not bound to do so on the terms and conditions of service to be decided by the company.