THE MANAGEMENT OF SIMPSON & COMPANY LTD. AND ORS. Vs. THE PRESIDING OFFICER, INDUSTRIAL TRIBUNAL AND ORS.

JUDGEMENT

(1.) The Hon'ble the Chief Justice

(2.) The necessary facts may be set out only to complete the sequence of events. The reference order was assailed by the Management before the High Court, resulting in a direction for the Tribunal to decide the preliminary issue first. The industrial award was passed on 29.12.1986, which inter alia opined that salesmen were not workmen under the Industrial Disputes Act, 1947 (hereinafter referred to as the said Act), though Assistants are workmen, but rejected most of the demands. Now, it was the turn of the workmen to challenge the award by filing a writ petition. The learned single Judge vide order dated 8.4.1992 remanded the matter back to the Tribunal on certain issues, while dismissing the writ petitions which had been filed by the Management earlier challenging the reference. The matter further went upto the Division Bench in writ appeal, which by judgment dated 19.3.1994, directed the Tribunal to pass an award based on the order passed by the learned single Judge.

(3.) Once again, the Tribunal passed an award on 31.12.1992 and this award is stated to have been confirmed on certain aspects vide final orders passed in the writ appeals, while the issue of basic wages was once again remanded back for fresh disposal.