SANJEEV KUAR GUPTA Vs. P O LABOUR COURT

JUDGEMENT

(1.) This petition has been filed by the employee challenging the award of the Labour Court, dated April 7, 1999 (copy Annexure P/6) vide which the Labour Court held that the petitioner is not covered under the definition of 'workman' as provided under Section 2(s) of the Industrial Disputes Act (hereinafter referred to as the Act) and disposed of the reference on the preliminary finding, however, advising the petitioner to seek remedy in the Civil Court.

(2.) The petitioner contends that he was appointed as Senior Accounts Assistant on October 29, 1988 vide appointment order (Annexure P/l) by Kelvinator of India Ltd. According to the petitioner, he completed his probation period of six months and was thereafter confirmed. It is the contention of the petitioner that in the year 1995 Kelvinator of India Ltd., was taken over by Whirlpool of India Ltd., i.e., respondent No. 2 with all assets, liabilities, men, material, management, administration and functional control. The service conditions of the petitioner remained the same. It is further the contention of the petitioner that his post was redesignated as Accounts Executive vide order dated October 16, 1995, with effect from August 1, 1995 by respondent No. 2 with the same status, position, duties and in the same department of accounts. The petition'er was removed from service on September 3, 1996. He challenged the termination and gave a demand notice and ultimately the dispute was referred by the Labour Court which gave the findings as mentioned above.

(3.) Notice of motion was issued and respondent No. 2 has appeared and contested the claim of petitioner by filing a written statement. According to respondent No. 2, the total emoluments of the petitioner were Rs. 4,586 per month, the basic pay being Rs.2,990 per month. It is their contention that the petitioner was lastly working as Accounts Executive since August 1, 1995 and was drawing the salary of Rs. 5,104.60 per month and as an Accounts Executive his job was to reconcile and correct the accounts which are essentially the jobs in the nature of administrative and or supervisory in nature. It has further averred that any accounts Executive, in the exercise of his duties, would carry out the corrections and reconciliations of Accounts and may also prepare cheques which is a job pertaining to a high degree of confidentiality and responsibility (sic) because the cheques are to be issued to the suppliers and therefore, these functions are not clerical in nature. It is further averred that the petitioner, when he was appointed as Accounts Assistant in the Grade 08 his emoluments were Rs. 1,621.25 per month and he was promoted as Accounts Officer in Grade 09 with the salary of Rs. 1,852. 17. It is further contended that while being posted as Executive in the Executive Cadre, his monthly emoluments were enhanced to Rs.4,586. In addition to that, he was entitled to medical reimbursement, Leave Travel Assistance (LTC) and that these emoluments are not admissible to Grade 10 officers of the Company which is the last grade for officers. It has further contended that if the respondent was to take duties of clerical nature from the petitioner, then the petitioner would not have been promoted to such a high post.