P K PAVOO Vs. STATE

JUDGEMENT

(1.) This is an application to call for the records and to quash by a writ of certiorari or any other appropriate writ the award of the Industrial Tribunal, Ernakulam in Adjudication No. 28/1951 as confirmed by the Labour Appellate Tribunal, Madras in Appeal No. III-73/1954 in so far as it is against the petitioner and also to issue a writ in the nature of Mandamus or any other appropriate writ to the 1st respondent to refer an industrial dispute to the Tribunal at Trivandrum and also for the issue of a writ in the nature of Mandamus to the Industrial Tribunal, Trivandrum to enquire into the dispute.

(2.) In the view that we take in this matter, it is unnecessary to mention in any great detail the several contentions of the parties before the Industrial Tribunal, the Labour Appellate Tribunal of India, Madras, and in these proceedings before this court. It is enough to state that by order dated 19-9-1951 the then State of Travancore-Cochin referred an industrial dispute for adjudication to the Industrial Tribunal, Ernakulam regarding the validity or otherwise of the suspension and subsequent discharge of the petitioner and also as to the reliefs that he may be entitled to. The Industrial Tribunal enquired into the matter and upheld the objection of the Bank of Cochin Ltd., that the petitioner is not a workman within the meaning of the term as defined in S.2(c) of the Industrial Disputes Act 1947. But the Tribunal went into the other points and came to the conclusion that the action of the management as against the petitioner was not justified and that if any relief is to be granted, the petitioner will be entitled to be reinstated with all arrears of pay. But in view of its finding that the petitioner was not a workman, the Tribunal held that it has no jurisdiction to grant any relief to the applicant.

(3.) Against the decision of the Industrial Tribunal, Ernakulam, both the petitioner and the third respondent before us filed appeals to the Labour Appellate Tribunal of India, Madras. Appeal No. 73/1954 before the Tribunal was by the applicant challenging the finding of the Tribunal to the effect that he was not a workman within the meaning of the Act and Appeal No. 65/1954 was by the third respondent Bank challenging the findings recorded by the Tribunal against the Bank as also its jurisdiction to go into those matters when once it decided that the petitioner was not a workman. By order dated 30th August 1955, the Labour Appellate Tribunal of India, Madras dismissed both the appeals and confirmed in toto the order of the Industrial Tribunal, Ernakulam.