CENTURY TEXTILE AND INDUSTRIES LIMITED Vs. ASSISTANT LABOUR COMMISSIONER/CONCILIATION OFFICER, KURNAUN REGION AND ANOTHER

JUDGEMENT

(1.) BY means of this petition, moved under Article 227 of the Constitution of India, the petitioner has challenged the order dated 27.12.2003, passed by respondent No. 1, whereby reference has been made under Section 4K of U. P. Industrial Disputes Act, 1947, to the Industrial Tribunal/Labour Court, Haldwani, in respect of the following industrial dispute :

(2.) HEARD learned counsel for the parties.

(3.) ON behalf of respondent No. 2 a counter-affidavit has been filed in which the deponent has admitted being appointed as Assistant Officer (Raw Material). It is further stated by the contesting respondent No. 2 that the petitioner has distorted the facts and it is wrong to say that the respondent No. 2 was not a workman. It is further stated that the cases of similarly situated workmen, namely, Hernant Kumar, Assistant Officer (Electrical) and Vipin K. Mazlani, Administrative Officer, are being tried by the labour court, as is apparent from Annexures CA-1 and CA-2 to the counter-affidavit. It is further stated that the correctness of the terms and conditions or job description can be examined by the Labour Court/ Industrial Tribunal. It is further stated that dispute as to whether the respondent No. 2 is a workman or not is a question of fact and cannot be decided by this Court in its writ jurisdiction.