S KALYANKRISHNAN Vs. BLUE STAR LTD

JUDGEMENT

(1.) Heard Mr. Nilesh M. Shah, learned advocate appearing for the appellant at length.

(2.) The appellant herein has challenged the judgment and order dated 18.08.2011 passed by the learned Single Judge in Special Civil Application No. 3083 of 2010 whereby the learned Single Judge has confirmed the award dated 20.06.2009 passed by Presiding Officer, Labour Court, Vadodara dismissing the reference.

(3.) Mr. Nilesh M. Shah, learned advocate appearing for the appellant submitted that the appellant very well falls within the meaning of workman as defined under section 2(s) of the I.D. Act, 1947. He submitted that in the given facts and circumstances of the case, notwithstanding the nomenclature or the quantum of wages as the appellant did not have any supervisory, managerial or administrative powers, he does not fall within the definition of workman and any view contrary is misdirected in facts and law as whether the appellant is a workman or not is to be decided on the basis of the nature of his duties. In support of the said submission Mr. Shah has relied upon a decision of the Apex Court in the case of National Engineering Industries Ltd. vs. Shri Kishan Bhageria and Others, 1988 AIR(SC) 329.