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2022 Supreme(Mad) 180

M.S.RAMESH
Director, Hindustan Institute of Engineering & Technology, Chennai – Appellant
Versus
Presiding Officer, III Additional Labour Court, Chennai – Respondent


Advocates Appeared:
For the Appellant :D. Veda, Advocate.
For the Respondents:S. Sathish Kumar for M/s. Row & Reddy, Advocates.

JUDGMENT :

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, calling for the records of the award passed in I.D.No.925 of 2001 dated 15.02.2013, on the file of the first respondent herein and to quash the same.

1. Heard the learned counsel for the parties.

2. The second respondent herein, was appointed as an Accounts Officer in the petitioner’s College on 28.09.1996. When he had challenged the order of dismissal before the Labour Court under Section 2A of the Industrial Disputes Act, 1947 [hereinafter referred to as “ID Act”], the main objections raised by the petitioner- Management was that he was not a “workman” as defined under Section 2(s) of the ID Act. The Labour Court overruled the objections, by holding that the Management had failed to establish their case and accordingly, ordered for reinstatement, together with continuity of service and full back wages.

3. In the present Writ Petition, the only ground raised by the Management is that, the nature of duties of an Accounts Officer will not fall within the definition of “workman”, as defined under Section 2(s) of the ID Act and therefore sought for interference

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