THIAGARAJAN G Vs. J B ENGINEERING WORKS

JUDGEMENT

(1.) THIS Appeal is filed against an order dated april 24, 2001 passed by the learned single judge dismissing Writ Petition No. 1715 of 1999.

(2.) THE appellant was in the employment of respondent No. 1. It was his case that his services were wrongly terminated. He, therefore, invoked the provisions of the industrial Disputes Act, 1947 (hereinafter referred to as "the Act") and a reference was made by appropriate Government to the Labour court, being Reference (IDA) No. 584 of 1991. During the pendency of the reference, the appellant made an application under Section (2) of Section 33-C of the Act, being application (IDA) No. 169 of 1992. The said application came up for hearing before the 6th labour Court, Bombay. A preliminary objection was raised on behalf of the employer that the applicant was not a workman within the meaning of the Act, and, hence, the application filed by him, under Section 33-C (2) was not maintainable. On the basis of the objection raised by the employer, an issue was framed by the Labour Court whether the applicant could be said to be workman as defined in the Act.

(3.) AFTER appreciating the material on record, the 6th Labour Court, vide an order dated September 13, 1994, held that the applicant was Supervisor, and, hence, could not be said to be workman as defined in Section 2 (s) of the Act. The application was, hence, dismissed.