BIRLA JUTE AND INDUSTRIES LTD Vs. RAJESHWAR MAHATO

JUDGEMENT

(1.) The appellant is the management of M/s. Birla Jute and Industries Ltd. of which the first respondent was a workman, his services were terminated without initiating any disciplinary proceedings on 1.9.85 upon payment of one Month's wages. The industrial dispute was raised by the first respondent and ultimately the State of West Bengal in terms of its order dated 1.6.1988 referred the said dispute for adjudication before the Industrial Tribunal on the following issue:

(2.) Before the Tribunal below the appellant raised a plea that the first respondent is not a workman within the meaning of section 2(s) of the Industrial Disputes Act, 1947 as he was incharge of one of the three shifts of the work in the mill.

(3.) The appellant examined two witnesses in support of their statement. The witnesses, inter alia, admitted that the first respondent was receiving Rs. 1,185/- per month by way of salary. They, however, alleged that petitioner was the appointing and disciplinary authority of the workmen and also used to grant to the leave. The said witnesses further stated that the first respondent has been provided with a furnished quarters to which the ordinary workmen is not entitled to. The first respondent in its evidence denied and disputed the said allegations and stated that his main job was clarical in nature. Before the learned Industrial Dispute Tribunal, however, the management failed to produce the relevant documents except one document which purported to have shown that the petitioner had granted leave to one of the workmen.