GRINDWELL NORTON LTD Vs. CHAIRMAN CUM PRESIDING OFFICER INDUSTRIAL TRIBUNAL CUM LABOUR COURT ANANTHAPUR

JUDGEMENT

(1.) The petitioner challenges the order, dated 20.9.2005, passed by the Industrial Tribunal-cum-Labour Court, Anantapur, in I.A.No.154 of 2005 in I.D. No. 135 of 2003.

(2.) The 2nd respondent was initially appointed as a general Workman in the year 1979. He is said to have been promoted and designated as Chargehand in the year 1990, and Senior Chargehand with effect from June 1995. The petitioner terminated the services of the 2nd respondent through order, dated 10.3.2003. Thereupon, the 2nd respondent approached the Labour Court under Section 2-A(2) of the Industrial Disputes Act, 1947 (for short 'the Act').

(3.) The petitioner filed LA. No. 154 of 2005 before the Labour Court, with a request to frame an issue, as to the maintainability of the ID. It was pleaded that the 2nd respondent was discharging the Supervisory functions, and having regard to the nature of duties and amount of salary, which he was drawing at the relevant point of time, he cannot be treated as a Workman; and thereby, he was not entitled to raise an Industrial Dispute under Section 2-A(2) of the Act. The application was resisted by the 2nd respondent. Through the impugned order, the Labour Court did not accede to the request of the petitioner.