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2022 Supreme(Guj) 867

A. Y. KOGJE
Gujarat Insecticides Ltd. – Appellant
Versus
Presiding Officer – Respondent


Advocates appeared:
Sachin D.Vasavada, Mehul C.Mehta, Trusha Patel, Surbhi Bhati, K.M.Patel, Rishin R.Patel, K.M.Patel, Rishin R.Patel, Sachin D.Vasavada, Mehul C.Mehta, Advocates

Judgement Key Points

Question 1? Question 2? Question 3?

Key Points: - The respondent (employee) is argued to be non-workman under Section 2(s); judgment holds respondent does not fall within workman definition, affecting industrial dispute viability (!) (!) (!) (!) . - The Labour Court's award for reinstatement and back wages is quashed and set aside; reference deemed without jurisdiction for the workman-status dispute (!) . - The Court references statutory definitions and prior evidence (appointment/confirmation letters showing supervisory role and salary) to determine workman status under Section 2(s) (!) (!) (!) (!) . - Proceedings noted as cross-petitions with joint hearing; final outcome: rule absolute in favor of employer; back wages/17B considerations addressed with no separate order (!) (!) (!) . - Interim stay was granted earlier under Section 17B; later not to recover 17B allowances due to prolonged litigation (!) (!) . - References to constitutional protections (Arts. 12, 14, 16) and industrial dispute prerequisites under the Industrial Disputes Act (!) (!) . - Labour Court evidence on nature of duties and supervisory role critical in determining workman status; its disregard of relevant evidence found perversity (!) (!) (!) (!) . - The impugned order of reference dated 2.1.2003 and subsequent award are held without jurisdiction for the disputed workman status (!) . - Appointment/confirmation letters establish designation and pay grade contradicting the workman status at relevant salary threshold (above 1600) (!) (!) (!) . - The judgment emphasizes that a statutory remedy under Article 226 is not available for enforcing a personal contract, except under recognized exceptions such as Industrial Law reinstatement cases (!) (!) .

Question 1?

Question 2?

Question 3?


JUDGMENT :

1. RULE. Learned AGP Ms. Surbhi Bhati waives service of Rule on behalf of respondent No.1, learned Advocate Ms. Trusha K. Patel waives service of Rule on behalf of respondent No.2 and learned advocate Mr. Rishin Patel waives service of Rule on behalf of respondent No.3 in Special Civil Application No.28475 of 2007 and learned Advocate Mr. Mehul C. Mehta waives service of Rule on behalf of the respondent in Special Civil Application No.8871 of 2008.

2. The present two petitions are cross-petitions against the same award of the Labour Court. With consent of learned Advocates for the parties, both these petitions are taken up for joint hearing and disposal. The facts are recorded from Special Civil Application No.28475 of 2007.

2.1 Special Civil Application No.28475 of 2007 is filed by the employer with prayers as under:-

    "(B) YOUR LORDSHIPS may be pleased to issue writ of mandamus or a writ in the nature of mandamus or any other appropriate writ order or direction, holding and declaring that the impugned award dated 30.03.2007 is without jurisdiction and authority in law and is also arbitrary and misconceived and the respondent No.1 Labour Court ought not have directed the pet

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