UNION CARBIDE LTD Vs. D SAMUEL

JUDGEMENT

(1.) Writ Petition No.2596 of 1994 has been preferred by the petitioner Company against the order dtd. 29/6/1990 passed in Complaint No.111 of 1980 and the order in Revision Application No.2 of 1990 dtd. 4/10/1994 confirming the Order of the Labour Court. The Respondent workman had filed a Complaint against the Petitioner Company alleging acts of unfair labour practice in the matter of termination of his services. The complaint was filed under Item Nos.1(a),(b),(d), (f) and (g) of Schedule IV to the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971.The Petitioner Company had taken a stand that the Respondent was not a workman within the meaning of sec. 2(s) of the Industrial Disputes Act. The Labour Court was pleased by order dtd. 22/10/1984 to hold that the nature of work is predominantly technical and no supervisory powers were assigned to the Respondent workman and consequently held that the complaint was maintainable.

(2.) The Complaint thereafter proceeded on merit. The 4th Respondent framed two Issues which read as under:

(3.) The main challenge in the Employer's petition is to the findings on the preliminary issue that the Respondent is a workman within the meaning of sec. 2(s) of the Industrial Disputes Act.