ATMA PRAKASH GOEL Vs. LABOUR COURT AND ANOTHER

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the judgment in Civil Writ No. 827 of 1974, whereby a writ was granted quashing the order of the Labour Court, dated 27 May 1974. It may be mentioned that the said order of the Labour Court related to a preliminary objection regarding the jurisdiction of the Labour Court.

(2.) A reference had been made to the Labour Court on the following dispute :

(3.) The management instituted Civil W No. 327 of 1974 which was decided 14 Nov. 1975. Following the judgement of the Supreme Court in Burmah-Oil Storage and Distribution Company India, Ltd. Vs. Burmah-Shell Management Staff Association and others, 1971 (21) F.L.R. 11 , the learned Single Judge came to the conclusion that the workman had fill to fall in one of the categories mentioned in the opening words of section 2(s) of the Act This meant, that he had to be employed to do skilled or unskilled manual, supervisory, technical or clerical work for hire or reward. It was observed that every employee did not fall in the categories of manual, supervisory, technical or clerical. The Court observed that it was not every workman who fell under section 2 (i) unless he fell under the exception contained in Sub-cls. (i) to (iii) or Cl. (iv). It must first established as a fact that the workman within the operative part of the "vision and then it had to be seen whether to was excluded by the exceptions.