Deciding Authority: Supreme Court of Indian
Jurisdiction: Civil Appellate Jurisdiction
Briefly, the facts of the case are:
The factual matrix of the case is that the respondent was appointed on the post of Operator/Technician Grade III for six months on probation basis w.e.f. 13th of March, 1995 against the salary of Rs. 2600/- per month. Having been found his services satisfactory, he was confirmed w.e.f. 13th September, 1995 and was also awarded one increment w.e.f. 1st of February, 1996.It is the case of the respondent that being posted as a Fleet Executive, he was to discharge the mechanical work and that being so, he was called as skilled workman. It is stated that no other staff was posted in his subordination. The respondent also pointed out the conduct of the employer transferring him from one place to another and also compelling him to resign from the post or to be on long leave. On being asked to proceed on leave, respondent remained on leave w.e.f. 9th October, 2003 to 17th October, 2003. When he turned up, he was not permitted to join for want of instructions of the superior authorities. Thereafter, respondent wrote a letter on 8th November, 2003 to the Vice President seeking guidance for further action, upon which the employer became unhappy and terminated his services on 14th of November, 2003 by giving one month’s salary in lieu of notice prior to termination.Aggrieved by the said termination, respondent preferred a reference before the Conciliation Officer, Lucknow alleging that he is a ‘workman’ within the meaning of the Uttar Pradesh Industrial Disputes Act, 1947 (hereinafter referred to as the ‘Act’) and termination of his services by the Company is contrary to Section 6 of the Act. The appellant Company pleaded that the respondent did not satisfy the criteria of a workman as defined under Section 2(z) of the Act. The Industrial Tribunal dismissed the reference stating that the respondent is not a workman under Section 2(z) of the Act and, therefore, no challenge to the termination is maintainable before the Tribunal after which he moved a plea in the High Court.
Judgment:
In exercise of its writ jurisdiction, the High Court proceeded initially on the basis that the appellant had entered into service on the post of Operator/Technician Grade-III, which is a technical post and from there he was promoted to different posts including Fleet Executive. The High Court committed grave error in holding that although he is not covered under the definition of workman as defined under Section 2(z) of the Act he shall be classified as a workman. The High Court further exceeded its jurisdiction in advising the Government to make an amendment in Section 2(z) of the Act and to exclude some clauses. The order passed by the High Court cannot be sustained in law.We, therefore, allow this appeal and set aside the order of the High Court and restore the order passed by the Tribunal. However, we give liberty to the respondent to move the appropriate forum to challenge, in accordance with law, the order of termination passed by the appellant.
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