VAYITRI PLANTATIONS LTD Vs. BABU MATHEW

JUDGEMENT

(1.) The meaning of the word "wages" in S.2(rr) of the Industrial Disputes Act, 1947, falls for consideration in this appeal.

(2.) The appellant, Vayitri Plantations Ltd., is the employer. The 3rd respondent was working as Asst. Tea-maker of the Thalamala Estate of the appellant. A show cause notice was issued to him by the appellant on 14-6-1988 as to why disciplinary action should not be taken for being absent without prior sanction and leave and for connecting excess charge to the Generator, causing loss of production and monetary loss". The third respondent submitted his explanation. A domestic enquiry was conducted by an Advocate and an order of dismissal was issued on 20-9-1989. Thereafter, a dispute was raised under the Act and the matter was referred to the Labour Court, Kannur in I.D.No.34 of 1990. In the Labour Court, the appellant filed a written statement contending that the reference was invalid as the 3rd respondent was not a 'workman' as defined under S.2(s) as he was working in a managerial position or administrative position. This question was to be decided as a preliminary issue. It was also contended that there was nothing wrong with the domestic enquiry. On these contentions, the Labour Court framed the following preliminary points:

(3.) Questioning the said order, the present Writ Petition, O.P.No.1044of 1993 was filed by the employer and the learned Single Judge, by judgment dated 6-4-1993, dismissed the Writ Petition. Against the said judgment this Writ Appeal is filed.