V.M.KANADE
Motiram Lorya Patil – Appellant
Versus
Tata Electric Companies Transmission Division – Respondent
1. By this petition which is filed under Articles 226 and 227 of the Constitution of India, the petitioner is challenging judgment and order passed by the Labour Court under Section 33-2(c) of the Industrial Disputes Act in Application (IDA) No. 34/1995. By the said judgment and order dated 26th May, 1997, the Labour Court was pleased to reject the said application on the ground that there was a dispute about the status of the workman and therefore, the Labour Court did not have the jurisdiction to adjudicate the said dispute and as such there was no existing right in favour of the workman. The said application, therefore, was dismissed. Being aggrieved by the said order, the petitioner has filed this petition in this Court. Brief facts are as under :-
2. Petitioner Motiram Lorya Patil hereinafter referred to as the workman or an employee and the respondent Tata Electric Companies Transmission Division hereinafter referred to as the employer. It is the case of the workman that he was employed by his employer as a Cleaner-cum-Conductor and he was working in the said company since 1964. His services, however, terminated on 12.8.73. According to the workman, he was employed
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