RAVINDER KUMAR SHARMA Vs. MANAGEMENT OF GUJARAT AMBUJA

JUDGEMENT

(1.) This petition under Articles 226/227 of the Constitution of India is directed against the award made by the learned Presiding Officer, H.P. Labour Court-cum-Industrial Tribunal, Shimla (Annexure-P) with a prayer for quashing and setting aside the same.

(2.) The question raised in this petition is whether the Petitioner who was an employee of the Respondent Gujarat Ambuja Cements Limited is a workman within the meaning of Section 2(s) of the Industrial Disputes Act, 1947.

(3.) The Petitioner was appointed as "Assistant Audit Officer" in grade M-5A with Gujarat Ambuja Cements Limited, Respondent Company. The Petitioner was to be on probation for a period of six months from the date of joining. His probation period was extended by the Respondent Company by three months. The Petitioner resigned from his services by his letter dated March 24, 1995. He desired that he should be relieved from his duties with effect from March 18, 1995. The Petitioner was advised to clear his dues from the accounts department during office hours on any working day after submitting no due certificate. The resignation of the Petitioner was accepted with effect from March 18, 1995.