GUJARAT INSECTICIDES LTD. Vs. PRESIDING OFFICER

JUDGEMENT

(1.) RULE. Learned AGP Ms.Surbhi Bhati waives service of Rule on behalf of respondent No.1, learned Advocate Ms.Trusha K.Patel waives service of Rule on behalf of respondent No.2 and learned advocate Mr.Rishin Patel waives service of Rule on behalf of respondent No.3 in Special Civil Application No.28475 of 2007 and learned Advocate Mr.Mehul C.Mehta waives service of Rule on behalf of the respondent in Special Civil Application No.8871 of 2008.

(2.) The present two petitions are cross-petitions against the same award of the Labour Court. With consent of learned Advocates for the parties, both these petitions are taken up for joint hearing and disposal. The facts are recorded from Special Civil Application No.28475 of 2007.

(3.) Learned Advocate for the petitioners submitted that the impugned order of reference is without jurisdiction and authority in law and therefore, it is void and non-est. The authority under the Act i.e. the respondent No.2 can make order of reference only in respect of the dispute which can be classified as industrial dispute and which would fall within the purview of the said term defined under Sec. 2(k) of the Act. The respondent No.3 being in the non-workman category and/or being engaged and working in the supervisory category drawing salary of more than Rs.1600.00would not be covered within the meaning of the term workman defined under Sec. 2(s) of the Act and a grievance or a dispute by or of a person who is not workman within the meaning of the term under Sec. 2(s) of the Act cannot be treated as industrial dispute.