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2014 Supreme(Del) 2444

SURESH KAIT
Lufthansa German Airlines – Appellant
Versus
Sudhin Sarkar – Respondent


Advocate Appeared
For the Petitioner:Alok Bhasin, Poonam Das, Advocates.
For the Respondents:Mridula Ray Bhardwaj for Dr. Sumant Bhardwaj, Advocates.

Judgment

Suresh Kait, J.

W.P.(C) 3256/2013

1. Vide the present petition, the petitioner has assailed the award dated 31.12.2012, passed by the Central Government Industrial Tribunal No.1, Karkardooma Courts Complex, Delhi, (in short ‘the Tribunal’), whereby a sum of Rs.10,00,000/- each has been directed to be paid in favour of the respondents No. 1 and 2/workmen.

2. Case of the petitioner Airlines as averred in the petition is that the respondent Nos. 1 and 2 were employed with the petitioner as Supervisors and were performing supervisory and managerial duties. Their services could be terminated by the petitioner in exercise of powers vested in it under Clause 8.2.4 of the Rules of Employment, on payment of requisite salary in lieu of notice. Having been employed and worked as Supervisors, the respondents No. 1 and 2 did not fall under the definition of ‘workman’ within the meaning of Section 2(s) of the Industrial Disputes Act, 1947 (for short ‘ID Act’).

3. The petitioner, therefore, raised a preliminary objection against the statement of claim filed by the respondents No.1 and 2 before the learned Tribunal that the respondents were employed as Supervisors and were exclusively per

















































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