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1998 Supreme(Pat) 282

R.A.SHARMA, A.K.PRASAD
Ram Dular Paswan – Appellant
Versus
P. O. , Labour Court – Respondent


Judgment

R.A.Sharma, J.

1. The petitioners in these writ applications filed complaints under Section 33-A of the Industrial Disputes Act, 1947 (hereinafter referred to as the I.D.Act) before the Labour Court. Bokaro Steel City, with the allegation that they have been removed from service by their employer, namely, M/s. Hindustan Malleables and Forcings Ltd., Dhanbad (Respondent No. 2) during the pendency of an industrial dispute, being Reference Case No. 7/85, illegally without complying with the provisions of law. The Labour Court has rejected the said complaints on the ground that the petitioners are not the workmen, but are merely apprentices to whom the I.D.Act is not applicable. Being aggrieved by the said order of the Labour Court, the petitioners have filed these writ applications.

2. We have heard Mr.T.K.Das, learned Counsel for the petitioners, and Mr.M.M. Banerjee, learned Counsel for the respondents.

3. Sec. 2(s) of the I.D.Act defines "workman" as follows:-

"2(s) "workman" means any persion (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of












































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