K.PREMARAJ Vs. MANAGING DIRECTOR, MIMS HOSPITAL

JUDGEMENT

(1.) THIS writ petition is filed challenging the award passed by the Labour Court, Kozhikode in I.D. No. 26/2007. The petitioner is the workman at whose instance the industrial dispute was considered by the Labour Court. The management had raised a contention that the petitioner was not a workman as defined under the Industrial Disputes Act. According to them as per the appointment order issued to the petitioner he was working in a supervisory capacity and was drawing salary of Rs. 8,100/- and therefore he is not a workman as defined under Section 2(s) of the Industrial Disputes Act.

(2.) IN fact in an earlier occasion when the case was decided against the petitioner he had approached this Court by filling W.P.(C). No. 28907/2009. The Management also challenged the award since the question as to whether the petitioner was a workman or not was not considered. Accordingly by judgment dated 01.02.2012 this Court had directed the Labour Court, Kozhikode to consider the matter afresh giving the petitioner an opportunity to lead evidence to demonstrate that the domestic enquiry was not proper and also other evidence in support of his contention that he is a workman. After remand further evidence was adduced by the parties and the impugned award is passed which is produced as Ext. P1

(3.) HAVING regard to the fact that this contention had not been substantially considered by the Labour Court on an analysis of the evidence adduced before it, I am of the view that the matter requires to be remitted back to the Labour Court for a fresh consideration. In the result the writ petition is allowed. The award passed by the Labour Court in I.D. No. 26/2007 produced as Ext. P1 is set aside. The matter is remitted back to the Labour Court, Kozhikode for fresh consideration. The Labour Court shall issue fresh notice to both the parties intimating the date of posting and consider and pass appropriate orders in the light of the observations made above within a period of six months from the date of receipt of copy of this judgment.