BABULAL DHANOTLYA Vs. M P ELECTRICITY BOARD

JUDGEMENT

(1.) BY this petition under Article 226/227 of the Constitution of India, the petitioner challenges the order dated January 13, 1987, passed by the Industrial Court, filed as Annexure-E to the petition.

(2.) IT is not in dispute that the petitioner was working as Supervisor at O and M Division of the M. P. Electricity Board (for short, "the Board") at Dhamnod, when his services were terminated by the respondents, vide order dated April 4, 1981 (Annexure - A), which was received by the petitioner on June 20, 1981. The petitioner challenged this order under Section 31 (3) of the M. P. Industrial Relations Act, 1961 (for short, 'the Act') before the Labour Court, Indore. The Labour Court by its order dated June 1. 1985 (Annexure - D), allowed his application and ordered petitioner's reinstatement with full back wages.

(3.) THE respondents preferred an appeal before the Industrial Court. Allowing the appeal, the Industrial Court by its order dated January 13, 1987 (Annexure-E) holding that the petitioner was not an 'employee' within the meaning of Sub-section (13) of Section 2 of the Act reversed the Labour Court's order, which is the subject-matter of challenge in this petition.