FOOD SPECIALITIES LTD Vs. PRESIDING OFICER

JUDGEMENT

(1.) This case concerns the expeditious determination and adjudication of an industrial dispute. A broad-brush factual backdrop will help determine pristinely legal controversy. Shri J.S. Sahota (for brevity's sake referred to hereinafter as 'respondent') was employed as a Food Inspector (also called by the designation 'Field Inspector'), in 1962 with M/s Food Specialities Ltd., Moga, the present writ petitioner. The services of the respondent were terminated, - vide orders dated May 9, 1978. On failure of the reconciliation the industrial dispute was referred to for adjudication under Section 10(1) of the Industrial Disputes Act, 1947 ('the Act' for short). It was entrusted to Labour Court, Patiala, who framed the following issue :

(2.) On receipt of notice the petitioner appeared and filed a written statement to the statement of the claim put in by the respondent. Therein it was pleaded that respondent No. 2 was not a 'workman' within the meaning of clause (s) of Section 2 of the Act since he was performing supervisory duty and was drawing wages far in excess of Rs. 500/- per month. It was alternatively pleaded that the respondent was not doing any skilled or unskilled, manual, technical or clerical work and for that matter he did not fall within the definition of workman. The Labour Court, Patiala, framed the following issues :

(3.) Since the petitioner was advised that the issues had not been properly framed, an application was made by it for recasting the issues. This application was declined by the Labour Court. The petitioner filed Civil Writ Petition No. 4599 of 1979 which was allowed by a Division Bench on January 24, 1980 and issue No. I was recast to read as under :-