MANAGEMENT OF TATA CONSULTANCY SERVICES LIMITED REPRESENTED BY THE VICE PRESIDENT Vs. SELVINTH GNANESH JOSHUA AND ANOTHER

JUDGEMENT

(1.) The instant intra-court appeal arises from the order dated 21.01.2015 passed in W.P.No.1336 of 2015, where under, the second respondent herein / Labour Officer-III (Conciliation Officer) was directed to conciliate and decide the question with regard to the status of the writ petitioner /first respondent herein as to whether the writ petitioner is a workman as per the Industrial Disputes Act, 1947 (for short "the I.D. Act") and also whether the second respondent / appellant herein is an industry as per the Act, within a period of two weeks. It was further directed that until then, the writ petitioner can be allowed to continue in employment with the second respondent /appellant herein.

(2.) For the sake of brevity and convenience, the parties are referred to as per their rank in the writ appeal.

(3.) The facts in nutshell leading to filing of the writ petition are that the first respondent/employee, while working as Project Manager, claiming to be a workman within the definition of Sec. 2(s) of the I.D. Act, preferred a dispute under Sec. 2-A of the I.D. Act before the Labour Officer-III (Conciliation Officer), stating therein that a dispute has arisen on account of the order of termination from service dated 22.12.2014. It was also stated in the application that the first respondent's last drawn monthly wage was Rs. 73,011.00, on 19.01.2015. On the same day, the first respondent came up with the instant writ petition under Art. 226 of the Constitution of India, seeking an order / direction or writ directing the Labour Officer-III (Conciliation Officer) to commence the conciliation proceedings forthwith and also a direction to the appellant / management not to give affect to the order of termination during the pendency of the conciliation proceedings.