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SHREE CHANDRASHEKHAR, ANUBHA RAWAT CHOUDHARY
Food Corporation of India – Appellant
Versus
Kumar Madan Mohan S/o Dwarika Singh – Respondent
ORDER :
1. This appeal has been filed against the judgment dated 27.03.2019 passed in W.P. (L) No. 4549 of 2018 whereby the writ petition has been dismissed.
2. In the writ petition, the appellant had challenged the final Award dated 22.12.2017 passed by the Presiding Officer, Central Government Industrial Tribunal No. 1, Dhanbad to the extent it related to the sole respondent who had filed Complaint Case No. 1 of 2012 under Section 33-A of the Industrial Disputes Act, 1947 (hereinafter referred to as the “Act”). The appellant had also challenged the order dated 20.09.2016, whereby the domestic enquiry was held to be unfair and the preliminary issue regarding the status of the respondent as ‘workman’ under the aforesaid Act was also decided against the appellant. The issue regarding the status of the respondent under the aforesaid Act was again decided against the appellant in the final Award though the grounds for the decision are different in the two orders.
3. The foundational undisputed facts are as follows:
The court ruled that the appellant was not a workman under the Industrial Disputes Act, affirming the Tribunal's lack of jurisdiction over the complaint.
The classification of an employee as a 'workman' depends on the actual nature of their duties rather than job titles, reaffirming the need for careful evidence evaluation under the Industrial Dispute....
The main legal point established in the judgment is the need for a holistic consideration of the entire material on record to determine the predominant functions of the employee, emphasizing the esse....
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 appellant, appointed in a managerial role and performing legal duties, was not considered a 'Workman' under the Industrial Disputes Act, and thus not entitled to relief under Section 25F.
Assistant Managers of Food Corporation, due to managerial roles and exceeding salary, are not considered 'workmen' under the Industrial Disputes Act, impacting their entitlement to selection grades.
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