GITA TANTI Vs. WARREN TEA LIMITED AND ORS.

JUDGEMENT

(1.) HEARD Mr. P. Mahanta, learned counsel for the petitioner and Mr. P. Kataki, learned counsel representing the respondent Nos. 1 and 2. This writ petition is directed against the award dated 29th June, 2010 of the Labour Court of Assam at Dibrugarh in Reference Case No. 4/2005 holding that the petitioner is not a workman as envisaged in the Industrial Disputes Act, 1947 (in short, "the Act").

(2.) WHEN the writ petitioner was dismissed from the services of the Tara Tea Estate, a dispute having been raised, the Government of Assam vide notification dated 7th March, 2005 made a reference to the Labour Court for adjudication the following issues: - -

(3.) IN the proceeding before the Labour Court, both sides examined 2(two) witnesses, each, in support of their pleas. Having regard to the preliminary issue raised in the proceeding, the Labour Court before proceeding any further with the matter, took up the said issue and the same having been decided in favour of the Management, it did not go into the issues framed for adjudication. From the materials on record, it appears that the service of the petitioner was dispensed with pursuant to a domestic inquiry. The correctness or otherwise of the said domestic inquiry was not gone into, in view of the above position.