R A YADAV Vs. SPECIAL STEELS LTD

JUDGEMENT

(1.) BY this petition the petitioners employees are challenging the order dated 8-7-1997 passed by the Industrial Court in Revision application on (DLP) No. 117 of 1995 whereby the Industrial Court had allowed the revision application and had set aside the order dated 28-6-1995 passed by the III Labour Court, Thane in a complaint under the Maharashtra Recognition of Trade Union and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as, "the Act, 1971") and the Industrial Court has held that the petitioners herein are not workmen within the meaning of section 2 (s) of the Industrial Disputes Act, 1947 (hereinafter referred to as, "the Act, 1947") and also within the meaning of section 3 (5) of the Act, 1971.

(2.) THE petitioners herein have joined the services of respondent No. 1 as scrap inspectors during the years, 1980-81. It is the contention of the petitioners that they are "workmen" within the meaning of section 2 (s) of the Act, 1947 and also "employee" within the meaning of section 3 (5) of the Act, 1971. It appears that the respondent No. 1 company manufactures steel bars and blades since the year, 1971 and there are about 400 workmen working in the said factory. All the aforesaid three petitioners who had joined in the year, 1980-81 as scrap inspectors were duly confirmed in the post of scrap inspector on 24-8-1982.

(3.) IT is the case of the petitioners that they were all pressurised and asked to resign by the Deputy General Manager as well as the Divisional Manager of the respondent No. 1 and on their refusal to comply with the same, the petitioners services came to be terminated on 7-12-1993. The petitioners, aggrieved thereby, had approached their union, namely, Association of Engineering Workers which immediately on 9-12-1993 questioned the unfair labour practice adopted by the respondent No. 1 employer. To the above, the respondent company had replied by its letter dated 13-12-1993 contending that the petitioners were engaged in various acts of cheating and in view of the loss of confidence, their services were terminated.