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1956 Supreme(Mad) 209

RAJAGOPALAN
Burmah Shell and Storage and Distributing Co. , of India Ltd. , Madras – Appellant
Versus
The Labour Appellate Tribunal of India, Madras Bench, now sitting in Madras by its President and others – Respondent


Advocates Appeared:
Advocate General for M/s King and Partridge, for Petitioners; S. Viswanathan and B.R. Dolia, for Respondents.

Judgement

ORDER :- One of the questions referred under the provisions of the Industrial Disputes Act, as an industrial dispute between the petitioner company and its employees, was the quantum of bonus payable to the workmen for 1952. The Workers Union claimed that three categories of employees, the Depot Superintendent, the Assistant Depot Superintendent and the lady Secretary, were also entitled to participate in the award of bonus as they were also "workmen" as defined by S. 2(s) of the Industrial Disputes Act. The company resisted that claim and pleaded that these three categories of employees were not workmen as defined by the Act, and that any claim on behalf of those employees would not be an industrial dispute" within the cognizance of the Industrial Tribunal.

2. That identical question arose for determination with reference to an industrial dispute, in 1951 in I. D. No. 2 of 1952, between the same parties, the company and the workers Union. The Industrial Tribunal held then that these three categories of employees, the Depot Superintendent, the Assistant Depot Superintendent and the Lady Secretary, fell outside the scope of the definition of "workmen" in the Industrial Dispu




















































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