JYOTI LTD. Vs. MAHESHBHAI JAYANTIBHAI PATEL

JUDGEMENT

(1.) Rule returnable forthwith. Learned senior advocate Mr.Shalin Mehta waives service of notice of Rule on behalf of respondent.

(2.) This petition is filed by the petitioner challenging the award dtd. 27/9/2017 in reference LCB No. 307/2009 passed by the learned Labour Court, Vadodara whereby, the learned Labour Court has allowed the reference and held that termination dtd. 2/4/2009 is illegal and the directions were issued to pay 100% back wages to the workman from the date of termination i.e 2/4/2009 till the date of superannuation. The ground for challenging the impugned award is mainly that the petitioner does not fall under the definition of workmen as per Sec. 2(s) of the Act, 1947.

(3.) The gist of the case is that the organization of the petitioner-Company comprises with various internal department namely HR Department, Accounts Department, Quality Department and Research and Development (R and D) Department etc. and as per the tree of management hierarchy, post of Senior Engineer, Executive Engineer having salary of Rs.25,000.00 would be considered as Supervisory in nature and having authority to deal and manage the affairs of the concerned department i.e research and development department. The respondent was initially appointed vide appointment order dtd. 8/8/1980 as a Technical Assistant in R&D Department and subsequently promoted as Senior Engineer/ Executive Engineer and was drawing the salary of Rs.26,000.00. The respondent has tendered the resignation on 2/4/2009 to the higher authorities of the Company which was accepted and petitioner-Company paid all terminal benefits. Thereafter, dispute was raised before the learned Labour Court which was registered being reference LCB No.307 of 2009. The respondent filed the statement of claim and the petitioner Company has filed the written statement raising the preliminary objections about the maintainability of reference in view of the fact that respondent was never engaged as workman and he cannot be termed as 'workman' under Sec. 2(s) of the I.D.Act, 1947. The learned Reference Court has awarded the reference in favour of the respondent-workman vide judgment and award dtd. 27/9/2017 which is subject matter of challenge before this Court.