NAMDEO VISHWANATH RUKARI Vs. BHAGWAN VISHWANATH KASTURE

JUDGEMENT

(1.) THE first respondent-workman had joined the services of the petitioners in the year 1972. The petitioners are the partners of Hundekari Goods Transport Company and Shivdarshan Udyan. There were 35 to 40 employees in the firm of the petitioners and the first respondent was in charge of writing accounts of Hundekari Goods Transport Company. It is his case that he was also asked to write accounts of Shivdarshan Udyan on part-time basis on monthly wages of Rs. 200/ -. And it further appears that he had resigned his post on 10. 12. 1977. It is the case of the first respondent-workman that he was not paid his emoluments at the rate of Rs. 200/- per month as a part-time employee for 75 months, amounting to Rs. 15,000/ -. He, therefore, made a demand on the petitioners which was refused on the ground that he was never in the employment of the petitioners. The first respondent, therefore, filed Application (IDA) No. 243 of 1978 in the Court of the Labour Judge, presiding over the Second Labour Court at Pune.

(2.) THE application was resisted by the petitioners vide their written statement. It was contended by the petitioners that the first respondent was never in their employment and the factum of employment being in dispute, an application under Section 33-C (2) of the Industrial Disputes act, 1947 cannot be looked into. It was also contended that Shivdarshan Udyan being an agricultural activity, it would not be an "industry" within the meaning of the Industrial Disputes act, 1947.

(3.) BOTH sides adduced oral as well as documentary evidence in the Labour Court. On appreciation of the evidence adduced before him, the learned Labour Judge came to the conclusion that the first Respondent's application under Section 33-C (2) of the Industrial disputes Act was maintainable and that the first respondent was in the services of the petitioners for six years and three months and at the rate of Rs. 200/-per month he would be entitled to wages amounting to Rs. 15,000/ -. He, accordingly by his judgment and order dated June 1, 1982 allowed the first respondent's application and ordered one of the partners of the petitioners viz. Namdeo Vishwanath Rukari to pay Rs. 15,000/- to the first respondent.