Hon'ble Prakash Krishna, J.-

The present writ petition arises out of pending proceedings before the Industrial Tribunal, Agra in Adjudication Case No. 29 of 2008, at the instance of the employer. Shri Shiv Kumar, respondent No. 4 herein claiming himself to be Supervisor of the petitioner Industry raised an industrial dispute which has been referred to the Industrial Tribunal, Agra and is pending adjudication.

2. The petitioners claimed that the reference made by the State Government under Section 4-K of U.R Industrial Dispute Act, 1947 for adjudication to the Presiding Officer, Industrial Tribunal, Agra is not maintainable as the respondent No. 4 Shiv Kumar is not a workman within the meaning of "workman" as contained under Section 2(s) of the Industrial Dispute Act. A written statement has been filed by the petitioners through affidavit dated 30.9.2008 raising therein number of pleas. An application being Paper No. 18-D dated 9.12.2009 was filed before the Industrial Tribunal on the ground that the reference under Section 4-K of the U.P. Industrial Dispute Act is bad in law and not maintainable as the petitioner No. 1 is a Small Scale Industry of seasonal character and it functions

Click Here to Read the rest of this document