LAWS(BOM)-2024-1-238

BALABHAI NANAVATI HOSPITAL Vs. ASHOKA SHETTY

Decided On January 11, 2024
Balabhai Nanavati Hospital Appellant
V/S
Ashoka Shetty Respondents

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India raises usual controversy as to whether the employee - respondent No.1, herein, is a workman within the meaning of Sec. 2(s) of the Industrial Disputes Act, 1949 ("the I.D. Act").

(2.) Background facts leading to this petition can be summarized as under:

(3.) Being aggrieved by and dissatisfied with the aforesaid determination of the preliminary issue, the petitioner - employer has invoked the writ jurisdiction of this court. The principal ground of challenge is that the learned Presiding Officer, Labour Court, committed a manifest error in not correctly appreciating the nature of the duties performed by respondent No.1, which were primarily of supervisory nature. The learned Presiding Officer misread the appointment orders and the duty list captioned 'job description' and also the evidence adduced by the parties especially the admissions in the cross-examination of the respondent No.1. Secondly, the learned Presiding Officer was not justified in placing reliance on the decision in the case of S. A. Sarang (supra) as the said decision was further clarified and distinguished by a Division Bench of this Court in the case of German Remedies vs. R. D. Lotlikar,2008(2) CLR 1006.