MANAGING DIRECTOR, PALI CENTRAL COOPERATIVE BANK LTD Vs. INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, JODHPUR AND ANR

JUDGEMENT

(1.) In pursuant to the order dated 12.11.2013 passed by a co-ordinate Bench, this matter came up for its adjudication in the spirit of Lok Adalat.

(2.) This petition for writ is preferred to question correctness of the award dated 16.7.2003 passed by the Labour Court, Jodhpur in Industrial Dispute No.17/2001. Learned Labour Court by the award impugned while answering the reference made to it by the appropriate government under a notification dated 28.11.2000 interfered with the penalty imposed by the petitioner employer.

(3.) It is submitted by Shri Rajesh Joshi, counsel for the petitioner that the misconduct in question was committed by the respondent employee while holding the office of Branch Manager. The preliminary objection was raised by the present petitioner before the Labour Court that the respondent employee concerned does not come within the purview of the term 'workman' as defined under Section 2 (s) of the Industrial Disputes Act, 1947, but that has not been considered and decided. Counsel for the respondent Shri Sandeep Shah submits that as a matter of fact the employee was holding the post of Lower Division Clerk in substantive capacity and he was just officiating as the Branch Manager.