K.BALASARAVANAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition has been filed against the order passed by the 1st respondent refusing to refer the dispute raised by the petitioner on the ground that he was not a workman within the definition of the Industrial Disputes Act.

(2.) According to the learned counsel for the petitioner, the petitioner was working as jewel appraiser in the respondent bank and his services were terminated and, therefore, he went before the Government for raising a dispute and the Government/1st respondent refused to refer the dispute and, therefore, he is before this Court challenging the order passed by the 1st respondent in declining to refer the dispute for adjudication before the Industrial Tribunal/Labour Court.

(3.) On notice, Mr.Srinivasamurthy, learned counsel appeared on behalf of the respondent/bank and submits that the issue whether jewel appraiser is a workman or not has been settled by the Hon'ble Supreme Court as well as this Court and, therefore, the same is no more res integra. Learned counsel for the respondent bank straightaway drew the attention of this Court to the decision of the Hon'ble Supreme Court in Indian Overseas Bank - Vs - Workmen (2006 (3) SCC 729), wherein the Hon'ble Supreme Court, has given detailed findings into the nature of employment of the jewel appraisers in the respondent Bank in paras 18 and 19, which are extracted hereinbelow for reference :-