STATE OF HARYANA Vs. S D DUBEY

JUDGEMENT

(1.) THE petitioners have filed this writ petition under Article 226 of the Constitution of India seeking to challenge an award dated 13.12.2007 passed by the Central Government Industrial Tribunal, New Delhi by which the petitioners have been directed to pay 15 days wages for every completed year of service to the respondent as per the provisions of Section 25F of the Industrial Disputes Act, 1947.

(2.) THE respondent was appointed as a Deputy Mining Engineer with the petitioners w.e.f. 20.07.1993. His services were terminated w.e.f. 03.03.2003. The Industrial Adjudicator vide its impugned award has found the termination of the respondent neither legal nor just.

(3.) I am in complete agreement with the above reasoning given in the impugned award for holding the respondent to be a workman. The respondent was appointed with the petitioners as Deputy Mining Engineer. Needless to state that the duties of an Engineer are always operational unless proved to the contrary. The petitioners have not placed any document on record to substantiate their plea that the respondent was performing purely managerial or administrative functions which alone could exclude him from the purview of definition of workman given in Section 2(s) of the Industrial Disputes Act, 1947.