ISHWARLAL RAMHARIYA Vs. NEW INDIA ASSURANCE CO. LTD

JUDGEMENT

(1.) SHRI Rohit Arya, learned Senior Counsel with Shri Anubhav Jain, learned Counsel for the petitioner.

(2.) PETITION is directed against the award dated 15.1.2001 passed by the Central Government Industrial Tribunal -cum -Labor Court Jabalpur, whereby the Tribunal has declined to entertain the reference as to "whether the action of the management of New India Assurance Co. Ltd., in terminating the service of Shri Ishwarilal Ramhariya w.e.f. 18.11.1993 is justified? If not, what relief the workman is entitled for - on the ground that the petitioner being a Development Officer in the New India Assurance Co. is not a workman under section 2(s) of the Industrial Disputes Act, 1947.

(3.) LATER on in Mukesh Kumar Tripathi v. Sr. Divisional Manager L.I.C. and others, 2004 (103) FLR 350 (SC) the verdict in H.R. Abyanthays (supra) was followed for the reasons that an Apprentice Development Officer cannot be equated with the Development Officer and, therefore, cannot be termed as workman.