K PAZHANI Vs. PRESIDING OFFICER THE LABOUR COURT

JUDGEMENT

(1.) THE petitioner has filed the present Writ Petition challenging the award passed by the first respondent ? Labour Court, Cuddalore in I.D.No.112 of 1998 dated 26.3.2007.

(2.) BY the impugned award, the Labour Court held that the petitioner being a Secretary of the second respondent co-operative society, which is a primary agricultural cooperative bank at Parvathipuram, Vadalur Post is not a workman within the meaning of Section 2(s) of the Industrial Disputes Act and therefore the dispute raised by him under Section 2A(2) of the Industrial Disputes Act is not maintainable.

(3.) THE Labour Court, initially framed preliminary issue with reference to the validity of the domestic enquiry conducted by the management. By a preliminary award dated 20.8.2001, the Labour Court held that the enquiry conducted against the petitioner was not fair and proper. THErefore for further proceedings, the matter was directed to be posted on 26.9.2001. Subsequent to the preliminary award, on the side of the management, eight witnesses were examined as M.W.1 to M.W.8 and on their side 91 documents were filed and marked as M.1 to M.91. On the side of the petitioner, apart from examining himself as W.W.1, he also examined one V.G.Jayamani as W.W.2. On the side of the petitioner, 17 documents were filed and marked as Exs.W.1 to W.17. THE Labour Court framed an issue, namely, whether the petitioner was entitled to any relief. But however, without going into the merits of the dispute, the Labour Court first decided the preliminary issue as to whether the petitioner was a workman within the meaning of Section 2(s) of the Industrial Disputes Act. THE Labour Court held that the petitioner was mainly engaged in a supervisory capacity and in his cross examination, he had stated that under him, there were four clerks and he was supervising their work. THE Labour Court also referred to a Division Bench judgment of the Karnataka High Court in the case of Naganathand others V. Common Cadre Committee, Bidar and others reported in 2000 L.L.R 238 and found that the Secretary of a Cooperative Society is not workman within the meaning of Section 2(s) of the Industrial Disputes Act. It is in that view of the matter, the Labour Court found that the dispute raised by the petitioner was not a valid dispute as he is not a workman, who is competent to raise a dispute. It is in that view of the matter, by award dated 26.3.2007, the dispute was dismissed. Challenging the same, the present Writ Petition came to be filed.