LAWS(ALL)-2008-1-256

BIKRADITYA SINGH @ B.D. SINGH Vs. CIVIL JUDGE

Decided On January 15, 2008
Bikraditya Singh @ B.D. Singh Appellant
V/S
CIVIL JUDGE Respondents

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner and the learned Standing Counsel.

(2.) AGGRIEVED by the order dated 27.11.2007 passed by the opposite party No. 2, the Deputy Labour Commissioner/Conciliation Officer the petitioner has filed the instant writ petition.

(3.) PLACING reliance on a Apex Court decision in Telco Convoy Drivers Mazdoor Sangh and Anr. v. State of Bihar and Ors. 1959 (59) FLR 734 (SC) learned Counsel for the contended that the dispute whether the persons raising the dispute are workmen or not, the same cannot be decided by the Government in exercise of its administration function. Thus the Conciliation Officer has exceeded its jurisdiction in holding that the petitioner is not a workman.