DEVDAS S AMIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) WE have heard the learned Counsel for the parties. Rule returnable forthwith. Respondents waive service. By consent petition is taken up for hearing.

(2.) THIS petition is directed against the decision of the Government Labour Officer, Thane refusing to forward failure report to the State Government and/or its delegates under section 10 (1) read with section 12 (5) of the Industrial Disputes Act, 1947 ("the Act" for short ).

(3.) THE brief facts are as under : the petitioner was employed by respondent No. 4 as Store Keeper in the year 1992. The petitioner worked in the said capacity till he was terminated on 30th June, 1997 upon shifting of the factory to Kandla. The petitioner stated that he was directed to work as Store Keeper in the establishment of respondent No. 3, while his name was shown on the roll of respondent No. 4. The petitioner continued to work as such. He was relieved from respondent No. 4 from 30th June, 1997 and was thereafter taken on rolls of respondent No. 3-a sister concern of respondent No. 4 with effect from 1st July, 1997. The respondent No. 3 was established and commenced its business from the premises of respondent No. 4. The nature of work performed by the petitioner in respondent No. 3 company was the same i. e. of the Store Keeper. It is the case of the petitioner that respondent No. 3 issued letter of appointment dated 1st July, 1997 to the petitioner designating him as Manager (Administration ). The petitioner submitted that though his designation was Manager (Administration), he was made to discharge his duties which are mainly that of clerical nature. In the wake of these facts, the petitioner submitted that the duties performed by him could not be termed as managerial, administrative or supervisory.