NAGAR AYUKT NAGAR NIGAM Vs. PRESIDING OFFICER

JUDGEMENT

(1.) Twenty five workers raised an industrial dispute before the Labour Court for adjudication. The terms of the reference order was in two parts, namely-

(2.) The employers, who is the Nagar Nigam, Kanpur filed their written statement contending that the appointments are made under the U.P. Municipal Corporations Act, 1959 and that the workers in question are not the workers of the Nagar Nigam and that they had never worked for 240 days in a calendar year. It was contended that whenever a permanent Linesman or a Switchman goes on a leave for more than ten days, then the Nagar Nigam is obliged to employ persons on daily rated basis. It was contended that, as and when a permanent worker goes on leave, the workers in question are appointed and that too for not more than ten days in a month. It was contended that for the days the workers were appointed they were paid the wages.

(3.) In the light of these assertions, the Nagar Nigam contended that there is no 'master and servant' relationship. The workers are not "workmen" as defined under the U.P. Industrial Disputes Act nor the Nagar Nigam is an "industry" as defined under the said Act.