MATHESON BOSANQUET ENTERPRISES LTD Vs. PRESIDING OFFICER LABOUR COURT COIMBATORE AND R SURESH SHANKAR

JUDGEMENT

(1.) Aggrieved by the award passed by the Labour Court, Coimbatore, the petitioner management has filed the present Writ Petition assailing the correctness of the award passedin I.D. No. 243/1999 dated 9.1.2003 wherein the Labour Courthas held that the second respondent was a workman under the Industrial Disputes Act and the petitioner Management herein has not followed the legal requirements as contemplated under the Act. Further, it has been held thatthe termination by giving three months' notice is erroneous and on that basis, the order of termination of the second respondent was set aside with the direction to reinstate him with back wages along with continuity of service.

(2.) The learned counsel appearing for the petitioner submitted as under:

(3.) (i) In reply, the learned counsel appearing for the second respondent stated that though the second respondent was accorded a glorified label and design nation of the Junior Officer at the time of termination of his services, he never discharged at any time duties of Supervisory, Administrative or of managerial nature. His main duties were preparation of vouchers and posting of accounts in the respective ledgers of the customers allotted to him as well as the preparation of trial balances and submission of the same to his higher officers for scrutiny and their approval of the same. The learned counsel further stated that the second respondent is only a workman rendering the services of speciliased clerical nature. Therefore, the order of termination passed by paying three months' pay in lieu of notice as per the terms of the appointment letter dated 7.2.1987 is liable to beset aside.