ESAB INDIA LIMITED Vs. SWAPAN KUMAR CHAKRABORTY

JUDGEMENT

(1.) THE Court: - The petitioner has assailed the order of the 1st Labour Court, Kolkata dated 8th May, 2013 passed in case no. Comp.54/1999 whereby and whereunder the application for taking up preliminary issue relating to the status of an employee is disposed of.

(2.) ADMITTEDLY the private respondent was holding a post of Welfare Officer. It is not in dispute that the said post is statutory in nature and is guided by the West Bengal Factories (Welfare Officers) Rules, 1971. The arena of dispute raised before the Labour Court was whether the employee, who is holding a managerial post, can be brought within the definition of "workman" enshrined under Section 2(s) of the Industrial Disputes Act, 1947.

(3.) THE private respondent approached the Labour Court under Section 33 ( C ) ( 2 ) of the said Act praying for computation of the monetary benefits in terms of the Bonus Act, 1965, Employees' Provident Funds and Miscellaneous Provisions Act, 1952 and other monetary benefits as provided under the said voluntary retirement scheme.