IMPORTANT POINTS
High Court under Articles 226/227 of the Constitution cannot sit in appeal over judgment of Industrial Tribunal and interfere with its finding of fact.
Determination whether an employee is a workman depends upon the nature, powers and responsibilities of the position held by the employee.
High Court cannot advise the State Government to amend an Act in a particular manner.

JUDGMENT

M.Y. EQBAL, J.

Leave granted.

2. This appeal by special leave is directed against judgment and order dated 23.5.2013 of the High Court of Allahabad at Lucknow Bench whereby learned Single Judge classifying the respondent as ‘workman’ allowed the writ petition preferred by him, quashed the order dated August 24, 2007 passed by the Industrial Tribunal II, State of Uttar Pradesh, Lucknow (in short, ‘the Tribunal’) and directed the Tribunal to decide respondent’s Case No.84/2004 on merit.

3. 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. Earlier, he was appointed in the Plant of Jainpur (Kanpur Dehat) from where he was transferred to Sathariya Plant, District Jaunpur, U.P. on 30th of August, 1996 on the revised pay scale i.e. Rs. 5450/-. Pursuant to the subsequent transfer order, he was posted at Lucknow in the month of June, 1997 and till 2000 he was awarded annual increments at the rate of Rs.490/-. Subsequently, he was promoted to the post of Line Supervisor in the pay scale of Rs.7716/-and thereafter to the post of Fleet Executive.

4. 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.

5. 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.

6. Respondent, being aggrieved, moved the High Court by way of a writ petition challenging the order of the Tribunal and also for his re-instatement to the post of Fleet Executive with continuity of service and for payment of full back wages. In reply, the appellant pleaded that the order of termination is in accordance with the provisions of the Act.

After hearing learned counsel on either side, learned Single Judge of the High Court allowed writ petition of the respondent, quashed order of the Tribunal and directed it to proceed with the adjudication of the respondent’s case on merit. Hence, the present appeal by special leave by the appellant-Company.

7. Mr. C.U. Singh, learned counsel appearing for the appellant, assailed the order passed by the High Court on various grounds inter alia, the High Court has exceeded its jurisdiction conferred upon it under Article 226 of the Constitution of India by reversing the finding recorded by the Tribunal. Learned counsel submitted that the High Court has committed grave erro