ANDHRA PAPER LIMITED Vs. NUKALA SRINIVASU

JUDGEMENT

(1.) This Writ Appeal is filed against the judgment passed by the learned Single Judge dtd. 22/1/2026 in W.P. No.7698 of 2019, whereby the learned Single Judge set aside the award passed by the Industrial Tribunal for returning the case on the ground that he was not workman, the learned Single Judge remanded the matter to the Tribunal for fresh adjudication on the ground that the Tribunal had not assigned reasons for arriving at conclusion that the Claimant/1st Respondent suppressed material though he was a Manager but not a "workman" within the meaning of Sec. 2(s) of the Industrial Disputes Act, 1947.

(2.) The learned counsel for the Appellant/Management contended that the learned Single Judge failed to appreciate the categorical findings recorded by the Industrial Tribunal that the Respondent did not fall within the definition of "workman" under Sec. 2(s) of the Industrial Disputes Act, 1947. That the burden lies upon the employee to establish that he is a workman within the meaning of the Act. The Tribunal, upon appreciation of the oral and documentary evidence, rightly concluded that the Respondent had suppressed his managerial status as well as his salary and, therefore, could not be treated as a workman. It is further contended that the learned Single Judge exceeded the limited scope of judicial review under Article 226 of the Constitution of India by interfering with a well-reasoned factual finding recorded by the Industrial Tribunal, finally prayed to set aside the judgment of the learned Single Judge dtd. 22/1/2026.

(3.) Per contra, the learned counsel for the Respondent No.1 submitted that although the Respondent was designated as a Graduate Engineer Trainee and was subsequently promoted as Officer and Senior Officer, the actual nature of duties discharged by him was clerical in nature. Therefore, notwithstanding his designation, he falls within the definition of "workman" under Sec. 2(s) of the Industrial Disputes Act. It is further contended that the learned Single Judge rightly remanded the matter, holding that the Industrial Tribunal had failed to record adequate reasons for holding that he suppressed material facts and finally prayed to dismiss the appeal.