BHARAT COKING COAL LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) THE writ petition has been preferred by M/s. Bharat Coking Coal Ltd. (B.C.C.L. for short) for issuance of an appropriate writ in the nature of certiorari or any other appropriate writ for quashing the order of the respondent -Union of India, as contained in Order No. L -20012/721/97 -IR (Coal -I) dated 30th June, 1998, whereby and whereunder, the appropriate Government, the Central Government referred the following dispute for adjudication to the learned Presiding Officer, Central Government Industrial Tribunal No. 1. Dhanbad -

(2.) THE main question raised by the petitioner is whether the person concerned, can be termed as workman, as defined under Section 2(s) of the Industrial Disputes Act (I.D. Act for short) :

(3.) THE expression any person in Section 2(k) of I.D. Act whether includes a person who is not in employment or not, fell for consideration before the Supreme Court in the case of Workmen, DTE V. Management, D.T.E., reported in AIR 1958 SC 353. The Supreme Court summarised the expression, as quoted hereunder :