JASWANT SINGH Vs. LABOUR COMMISSIONER, KANPUR AND OTHERS

JUDGEMENT

(1.) THE appellant claims himself to be a workman of M/s Gangeshwar Limited, Deoband, now Triveni Engineering Industries Limited respondent No. 2. He was transferred to Ram Kola Chini Mill and for not joining at the transferred place his services were terminated. According to the appellant under the Standing Orders there is no provision for such transfer and therefore his transfer is against law. Accordingly, his services could not have been terminated for not joining at the transferred place. He therefore challenged the transfer order and the termination order by filing writ petition No. 8630 of 2008. The writ petition was disposed of vide judgment and order dated 19.2.2008 with liberty to the appellant to move a representation before the Labour Commissioner, Kanpur, U.P., under Clause 'W of the Standing Orders applicable which was directed to be decided within a period of three weeks. The representation of the appellant in pursuance of the above has come to be decided by the Labour Commissioner, U.P., vide order dated 14.5.2008. Before the Labour Commissioner a serious dispute was raised as to whether the appellant who was appointed as a Ganna Adhikari was a workman or not. The Labour Commissioner therefore disposed of the representation by stating that the dispute as to whether the appellant is a workman or not is a matter to be adjudicated under the provisions of U.P. Indus­trial Disputes Act, 1947 and this aspect cannot be decided under Clause 'W of the Standing Orders.

(2.) AGGRIEVED by the order of the Labour Commissioner dated 14.5.2008 the appellant preferred a writ petition which was dismissed by the learned Single Judge by the impugned judgment and order dated 25.7.2008. The learned Single Judge held that the application/representation of the appellant under Clause 'W of the Standing Orders was not.maintainable and Labour Commissioner has rightly rejected the same.

(3.) CLAUSE 'W of the Standing Orders which have been framed in exercise of powers under Section 3 (b) of the U.P. Industrial Disputes Act reads as under: