TATA HYDRO ELECTRIC POWERS SUPPLY CO. LTD., THE ANDHRA VALLEY POWER SUPPLY CO. LTD. AND THE TATA POWER COMPANY LIMITED Vs. MS. D.A. MENDONSA AND SHRI P.W. BHUYAR, PRESIDING OFFICER, SIXTH LABOUR COURT

JUDGEMENT

(1.) THIS is a revision application filed by the Tata Electric Companies viz (1) Tata Hydro Electric Power Supply Co. Ltd., (2) The Andhra Valley Power Supply Co. Ltd., and (3) The Tata Power Company Limited (hereinafter referred to as the Applicants) under Sec. 44 of the MRTU and PULP Act, 1971 (hereinafter referred to as the said Act) for quashing and setting aside the order dated 20th December 1997 passed by VIth Labour Court, Mumbai in Complaint (ULP) No. 334 of 1996. The brief facts of this application are as under. It is submitted by the Applicants that Ms. D.A. Mendonsa (hereinafter referred to as the Opponent) has filed a complaint of commission of alleged unfair Labour practice being complaint (ULP) No. 334 of 1994 before the Labour Court, Mumbai, After hearing both parties in the said complaint, the VIth Labour Court, Mumbai, passed Order on 20th December 1997 and allowed the said complaint of the Opponent, granting her reinstatement with full back wages and continuity of service. Being aggrieved by the said order of the Labour Court, the Applicants have filed this revision application for quashing and setting a side the said order on the following amongst other grounds:

(2.) FROM the aforesaid pleadings, the points that arise for determination of this Court are as under: -

(3.) IT is the case of the Applicants that the Learned Labour Judge ought to have held that the Opponent is not a workman within the meaning of Sec. 2(s) of ID Act and Sec. 3(5) of the said Act in view of her predominant nature of duties of administration. The Labour Judge also failed to appreciate that the Opponent was supervising the work of the Peon Shri Jadhav.