DEVAKI AMMA Vs. AGRICULTURAL TRIBUNAL

JUDGEMENT

(1.) AN agricultural dispute relating to denial of employment to one Moideen, was referred to the Agricultural Tribunal, ottappalam. The land owners named in the reference order were Devaki Amma and lakshmikutty Aroma The Tribunal passed an award to the effect that Moideen was a permanent agricultural worker of Devaki Amma.

(2.) THE award was set aside by this Court, in Ext. P3 judgment in O. P. No. 1618 of 1978 filed by Devaki Amma. This Court held that the tribunal had not properly construed the scope of S. 42 of the Agricultural workers Act, read with S. 20) and S. 2 (m ). It was also held that the scope of the "explanation" to S. 7 (1) was not properly kept in mind.

(3.) THE award shows that Devaki Amma's son had given evidence before the Tribunal that she was cultivating six acres of land with tapioca, and was also having 85 cents of paddy fields. S. 42 lays down that many of the provisions of the Act shall not apply in relation to landowners not holding more than one hectare of land. THE word used in S. 42 is "land", and not "agricultural land". Even otherwise, land cultivated with tapioca is evidently agricultural land. THE petitioner was therefore a landowner with more than one hectare of land; she and her lands were thus ineligible to be exempted under S. 42.