RADHAKRISHNA UMBRELLA FACTORY Vs. INDUSTRIAL TRIBUNAL ALLEPPEY

JUDGEMENT

(1.) Dispute arose between three dealers in umbrella and their workmen and also between eight dealers in textile goods and their workmen. All the parties belong to Alleppey. In both cases, the workmen are represented by the General Secretary , Commercial Employees' Union, Alleppey. The cases were referred by the State Government under S.10(1)(d) of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act) for adjudication to the Industrial Tribunal, Alleppey. The reference relating to the umbrella dealers is I. D. 58 of 1964, and the reference relating to the dealers in textile goods is I. D. No. 59 of 1964. The nature of the work as well as the demands made by the workmen in both cases were the same. Naturally the issues referred for adjudication were also the same, and they are --

(2.) The main contention advanced by counsel for the petitioners is that the references were not maintainable, as the workers were casual employees, and there was no employer - employee relationship. First I shall examine the legal aspect of this contention. The term ''workman" is defined in S.2(s) of the Act as follows: --

(3.) I shall now examine the facts of the case, in the light of the above principles. For doing so, it is necessary to refer to the nature of the employment. All the workers concerned in these cases do the same kind of work for their employers; and the following are the different items of work they do.