LAWS(ALL)-2002-8-208

R K TYAGI ADV Vs. LABOUR COURT

Decided On August 21, 2002
R.K.TYAGI Appellant
V/S
LABOUR COURT Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner Sri Shyam Narain. None appears for the respondents.

(2.) By means of this petition, the petitioner-workman has challenged the award of the labour court dated 2nd September, 1988, passed in Adjudication Case No. 195 of 1984. The workman who was working as Junior Engineer with the employer has raised an industrial dispute in which the employer has raised preliminary objection that U. P. Avas Vikas Parishad is not an "industry" as defined in Section 2 (k) of the U. P. Industrial Disputes Act, 1947; that the workman Sri Tyagi was since working in supervisory capacity drawing wages exceeding Rs. 500 per month is, therefore, not a workman as enshrined in Section 2 (z) of the U. P. Industrial Disputes Act.

(3.) The labour court vide its Impugned award has held that the workman Sri R. K. Tyagi is not a workman and, therefore, reference cannot be answered. It is this award which has been challenged by the workman concerned.