LAWS(KER)-1988-8-30

NARAYANAN NAIR Vs. STATE OF KERALA

Decided On August 18, 1988
NARAYANAN NAIR Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) PETITIONER seeks to quash Ext. P3 order of the agricultural Tribunal, Palai, declaring a 'pumping Motor Driver', as an 'agricultural worker'.

(2.) PETITIONER is the Convenor of a 'padasekhara committee'. An electric motor had been installed outside the 'padasekharam', and it was operated by a 'driver'. PETITIONER would say that a Pump Operator, is not an agricultural worker, in the comprehension of the Agricultural Workers act. S. 2 (f) of the Agricultural Workers Act, 1974, defines 'agricultural worker' as: ". . a person who. in consideration of the wages payable to him by a landowner, works on, or does any other agricultural operation in relation to, the agricultural land of such landowner". The Tribunal, found the Pump Operator to be an agricultural worker without any discussion on this aspect.

(3.) THE imagery, of an agricultural worker brings the picture of one tilling the soil or toiling on the soil. If outside the context of the act, if some one asked the petitioner what his occupation was. the petitioner himself would have said, 'pump Operator', and not 'agricultural worker'.