SECRETARY INDIAN TEA ASSOCIATION Vs. AJIT KUMAR BARAT

JUDGEMENT

(1.) This appeal is directed against a judgment and order dated July 24, 1998 passed by a learned Single Judge of this Court whereby and whereunder the writ petition filed by the writ petitioner was allowed. The basic fact of the matter is not in dispute.

(2.) The petitioner was appointed as a Joint Secretary, Legal, of Indian Tea Association. According to the petitioner the duties to be performed by the Assistant Secretary in which post he as appointed would appear from the advertisement which is to the following effect: "Duties would include minuting of meetings; formulating advice on important judicial decisions and legislative enactments; preparing memoranda/ representations."

(3.) The petitioner, therefore, contended that he having no power to issue any direction or exercise supervisory power or not having control over the other workmen of the appellant herein, he was a 'workman' within the meaning of Section 12(5) of the Industrial Disputes Act. Admittedly, owing to an alleged misconduct committed by the appellant herein he was dismissed from service. He raised an Industrial dispute purported to be under Section 2-A of the said Act. The matter was considered by the Conciliation Officer in terms of Section 12 of the said Act. As the dispute between parties could not be resolved at that stage a failure report was submitted by the conciliation Officer on or about July 2, 1997. A bare perusal of the said failure report would show that a contention had been raised therein as to whether the writ petitioner was a workman or not. The Conciliation Officer upon considering the relevant documents as also upon taking into consideration a decision of a learned single Judge of this Court and further upon taking into consideration the nature of duties allegedly performed by the writ petitioner inter alia held that the said question requires a decision by a Tribunal by making a reference in terms of the provisions of the Industrial Disputes Act. In the said report it was stated as follows:-