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1964 Supreme(Mad) 234

VEERASWAMI
Management, Murugalli Estate, Hardypel Post – Appellant
Versus
Industrial Tribunal, Madras – Respondent


Advocates:
S. Govind Swaminathan, for S.S. Sivaprakasam, for Petitioner; B.R. Dolia, for Respondent 2.

Judgement

ORDER :- On a reference under S. 10(1)(c) of the Industrial Disputes. Act, the Industrial Tribunal, Madras, adjudicated that the non-employment from a certain date of Dr. Srinivasan, whose cause has been espoused by the second respondent Union, was not justified. It was of the view that, in the circumstances, no reinstatement should be directed but it would meet the ends of justice if the specified sum of money was directed to be paid to him. This petition is to quash the Tribunal's award

2. On behalf of the petitioner two points have been urged. The first is that Dr. Srinivasan was not a "worker" within the meaning of the definition of that term in the Industrial Disputes Act. The second is that the second respondent Union is a general Union and was not competent to take up the cause of Dr. Srinivasan and raise an industrial dispute. As part of this point it is also contended that, in any case, there was no community of interest between Dr. Srinivasan and the other workers under the particular management, and, therefore, no collective dispute in respect of the non-employment of Dr. Srinivasan could possibly arise. I think the second point may conveniently be disposed of fi









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