THE MANAGEMENT, SREE ANNAPOORNA SREE GOWRISHANKAR HOTEL PRIVATE LIMITED Vs. THE PRESIDING OFFICER, LABOUR COURT, COIMBATORE AND ORS.

JUDGEMENT

(1.) Heard Mr. S. Ravindran, Learned Senior Counsel appearing for the Petitioner, Mr. Vignesh, Learned Counsel appearing for the Second Respondent and perused the materials placed on record, apart from the pleadings of the parties.

(2.) The Second Respondent invoking Section 33-C(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as the 'Act' for short) had made a claim for Rs. 6,13,600/- as due towards increase in salary, arrears of bonus and leave salary from October 2006 to August 2010 from the Petitioner, who resisted it on the ground that the Second Respondent was not a 'workman' as per the definition in Section 2(s) of the Act and that the claim made did not arise out of any pre-existing right under any settlement, award or statutory provision. The First Respondent by order dated 18.01.2018 in C.P. No. 201 of 2011 held that the Second Respondent was a 'workman' and determined the amount payable to him by the Petitioner was Rs.3,55,200/-, which is assailed by the Petitioner in this Writ Petition.

(3.) Learned Senior Counsel appearing for the Petitioner focused his submissions on the perversity in the impugned order passed by the First Respondent in holding that the Second Respondent was a 'workman' for the purpose of the Act. It has been highlighted that the Petitioner had raised the contention before the First Respondent that the Second Respondent was recruited as Personnel Officer by the Petitioner on 29.11.1996 and in course of time, he had been promoted and posted as Manager (Personnel and HRD) and was performing managerial functions, and that the following documents were marked to substantiate the same:-