LAWS(P&H)-2013-5-196

SOHAN LAL Vs. ADDITIONAL DISTRICT AND SESSIONS JUDGE

Decided On May 22, 2013
SOHAN LAL Appellant
V/S
ADDITIONAL DISTRICT AND SESSIONS JUDGE Respondents

JUDGEMENT

(1.) WHEN this labour matter came up for hearing on 2.12.2003, the Division Bench of this Court adjourned the case sine die to be listed after the decision of the Full Bench pending on the question whether a part time worker is covered under the definition of workman under the Industrial Disputes Act, 1947 (for short "the Act").

(2.) THE issue was first raised in Mahesh Transport Co. v. Transport & Dock Workers Union, (1974) 4 SCC 355 but was left undecided and has finally been resolved by the Supreme Court in New India Assurance Co. Ltd. v. A. Sankarlingam, (2008) 10 SCC 698 and reiterated in Devinder Singh v. Municipal Council, Sanaur, (2011) 6 SCC 584 that part time workers fall in the definition of workman under Section 2 (s) of the Act.

(3.) HEARD the learned counsel for the parties.