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IN THE HIGH COURT OF DELHI AT NEW DELHI
SUBRAMONIUM PRASAD, VIMAL KUMAR YADAV
Raj Kumar Rastogi – Appellant
Versus
Delhi Press Ltd. – Respondent
JUDGMENT :
SUBRAMONIUM PRASAD, J.
1. The present Appeal has been filed by the Appellant challenging the Judgment and Order dated 18.05.2015, passed by the learned Single Judge in W.P. (C) NO. 4815/2001 [“Impugned Judgment”].
2. By way of the Impugned Judgment, the learned Single Judge dismissed the writ petition filed by the Appellant, to uphold the Award dated 23.04.2001 passed by the Labor Court in I.D NO.1443/95 (Old I.D. No. 95/87.
3. The Labor Court as well as the learned Single Judge were of the opinion that the Appellant is not a workman within the meaning of Section 2 (s) of Industrial Disputes Act, [“ID Act”].
4. The facts, in brief as presented by the Appellant in the present appeal, are as follows:
a. The Appellant was appointed by the Respondent-Management as a "Full-time Grainer" vide Appointment Letter dated 01.06.1983 [“Appointment Letter”]. Though he was appointed as a "Full time Grainer" the Appointment Letter mentions that he was selected as a "trainee".
b. The Appointment Letter stipulates that the training period may last up to one year, however, the training period was extended from 31.05.1984 to 31.05.1985, from 31.05.1985 to 31.05.1986 and lastly, from 31.05.1986 t
The designation of an employee as 'trainee' does not automatically exempt them from 'workman' classification under the Industrial Disputes Act; actual duties performed are determinative for rights an....
The central legal point established in the judgment is that the nature of an employee's duties, the absence of a well-defined training program, and the lack of performance appraisal are crucial facto....
The central legal point established in the judgment is the interpretation of the definition of 'workman' under Section 2(s) of the Industrial Disputes Act, 1947, and its application to the case at ha....
The central legal point established in the judgment is the non-applicability of labour laws to apprentices under the Act of 1961, which prevails over the Act of 1947 in such cases.
Government reference of an industrial dispute is not subject to individual limitations under the Act, affirming workman's status despite apprenticeship.
The main legal point established in the judgment is that trainees should be treated as workmen from the date of completion of their training, and the compliance of Section 25(F) of the Industrial Dis....
The designation of an employee does not determine their status as a workman; rather, the dominant nature of their work is the key criterion under the Industrial Disputes Act.
The definition of 'workman' under the Industrial Disputes Act excludes managerial employees, and the High Court cannot re-evaluate evidence in writ proceedings.
Misconduct - Once appellant was selected on a temporary basis as a 'trainee conductor' and was deputed to undergo training for a period of two years and during training period, he has been removed fr....
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