M G MENON Vs. LABOUR COMMISSIONER

JUDGEMENT

(1.) THE writ petitioner in O. P. No. 4787 of 1975 which was dismissed by a learned single judge of this court is the appellant before us. It will be convenient to refer to the parties on the basis of their ranking and array in the original petition.

(2.) THE writ petitioner was employed for about 23 years as a medical representative under the 3rd respondent-THE Cochin Pharmacal Company, trichur. THE petitioner's service was dispensed with in 1972 without payment of any gratuity. THEreupon the petitioner filed an application before the controlling Authority under the Kerala Industrial Employees' Payment of gratuity Act, 1970 (hereinafter called the Act) - the District Labour Officer, trichur - under S. 8 of the Act for recovery of the amount of gratuity claimed by him as payable by the employer. That petition was resisted by the employer by contending firstly, that the petitioner was employed in the State of Tamil nadu and hence the provisions of the Act did not apply to him and secondly, the petitioner was not in any event an'employee' falling within the scope of the definition of the said expression contained in S. 2 (d) of the Act and hence he was not entitled to maintain the application under S. 8 of the Act. THE controlling Authority by its order Ext P4 dated 8-4-1974, upheld the second objection aforesaid raised by the employer and dismissed the petitioner's application holding that the petitioner did not fall within the definition of the term 'employee' contained in the Act. THE Appellate Authority - the Deputy labour Commissioner, Ernakulam - before whom the petitioner preferred an appeal under sub-section (5) of S. 8 upheld the conclusion reached by the Controlling authority that the petitioner was not an'employee' under the Act. Ext. P6 is a copy of the order so passed by the Appellate Authority. THE prayer in the original petition was to quash Exts P4 and P6.

(3.) S. 2 (d) of the Act defines the expression 'employee' thus:- "'employee' means any person employed in any factory, plantation, establishment or undertaking to do any skilled or unskilled, manual or clerical or supervisory work for hire or reward but does not include any such person - (i) whose monthly wages exceed rupees seven hundred and fifty; or (ii) who is subject to the Army Act. 1950, or the Air force Act. 1950. or the Navy Act, 1957 or the Toddy Workers' Welfare Fund Act 1969 (Kerala Act 22 of 1969); or (iii) who is employed in the police service or as an officer or other employee of a person. " It was contended on behalf of the appellant that under this definition any person employed to do any skilled or unskilled work for hire or reward would come within the scope of the definition unless he falls within any of the exempted categories specified in sub-clauses (i) to (iii) of clause (d ). In support of the appellant's contention strong reliance was placed on the existence of a comma immediately after the word 'unskilled' Clause (d)read as a whole clearly indicates that the words 'skilled or unskilled' have been used to qualify the words immediately following thereafter 'manual or clerical or supervisory work. ' If it was the intention of the legislature to include within the scope of the expression 'employee' any person employed in any factory etc. to do any skilled or unskilled work for hire or reward it was wholly necessary for it to incorporate in the definition clause the words 'manual or clerical or supervisory work'. It is clear that those words must have been used by the legislature with a specific intent and purpose and that purpose can only be to restrict the scope of the definition to persons employed in any factory etc. to do manual or clerical or supervisory work for hire or reward, irrespective of whether such work is skilled or unskilled work. It is a well-established principle of interpretation of statutes that the court should try to give full effect and meaning to every word used by the legislature in a statutory provision and avoid a construction of the section which would render any part of the provision superfluous or nugatory.