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1985 Supreme(Guj) 208

P.R.GOKULAKRISHNAN, S.B.MAJMUDAR
R. G. MAKWANA – Appellant
Versus
GUJARAT STATE ROAD TRANSPORT CORPORATION – Respondent


Advocates Appeared: AJIT D.PADIVAL, B.J.JADEJA, K.N.RAVAL

P. R. GOKULAKRISHNAN, J.

( 1 ) THIS Special Civil Application is to quash and set aside Award dated 6-2-1985 given by the Presiding Officer Labour Court Rajkot in Reference LCR No. 347 of 1982. The petitioner further prays that he must be declared as a workman within the meaning of sec. 2 (s) of the Industrial Disputes Act 1947 Before the Labour Court. Rajkot before which a dispute was raised as to whether the petitioner who is the Junior Engineer must be reinstated to his original post with full backwages a preliminary objection was -raised to the effect that the petitioner is not a workman since he is drawing a pay of more than Rs. 1000. 00 and was also discharging supervisory duties. The Labour Court addressed itself to the fact as to whether the petitioner is a workman as defined under sec. 2 (s) of the Industrial Disputes Act in as much as he draws a salary of more than Rs. 1000. 00 per month. It is an admitted fact that the salary of the petitioner was Rs. 1 500 per month and according to sec. 2 (s) (iv) if a person draws wages exceeding Rs. 1 600 per month he cannot be said to be a workman but this figure or Rs. 1 600 was inserted in sec. 2 (s) (iv) only by the amended Act 46








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