LAWS(P&H)-1996-3-72

SUSPAL SINGH Vs. PRESIDING OFFICER LABOUR COURT

Decided On March 25, 1996
SUSPAL SINGH Appellant
V/S
PRESIDING OFFICER LABOUR COURT Respondents

JUDGEMENT

(1.) THE short point involved in this writ petition is whether Salesman working in the Co-operative Agricultural Service Society Limited (hereinafter referred to as the 'society') is a 'workman' within the definition of Section 2 (s) of the Industrial Disputes Act.

(2.) IN the impugned order, the Tribunal has taken the view that the Salesman does not fall within the definition of 'workman'. Therefore, the Tribunal refused to adjudicate the dispute between the workman and the management. For quashing the said award, the petitioner has approached this Court invoking the ceritiorari jurisdiction of this Court under Article 226 of the Constitution of India.

(3.) THE writ petition is allowed and the matter is remitted to the Labour Court to decide and adjudicate the dispute between the workman and the society in accordance with law. Parties are directed to appear before the Labour Court on April 22, 1996, and the Society is given the liberty to file its written statement on that date.