Bombay High Court High Court

M/S Amravati Coal & Cke Depot vs Uddavrao Marotrao Mankar on 5 November, 2009

Bombay High Court
M/S Amravati Coal & Cke Depot vs Uddavrao Marotrao Mankar on 5 November, 2009
Bench: V. A. Naik
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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY:
                              NAGPUR BENCH: NAGPUR




                                                                                       
                          WRIT PETITION NO.2767 OF 2001
PETITIONER:




                                                               
      M/s Amravati Coal & Cke Depot, through its Partner Smt. Aruna wd/o Vinodrao
      Vora, aged major, occ. Nil, r/o Anand Villa Building Ambapeth, Amravati




                                                              
                                          VERSUS
RESPONDENTS:
1]     Uddavrao Marotrao Mankar, aged 40 years, resident of near Vijay Oil Mills, Vilas




                                                  
      Nagar, Amravati.
2]    Member, Indusdtrial Tribunal, Maharashtra [Amravati Bench] Amravati.
                                  
==============================================================
Shri V.M. Deshpande, advocate for the petitioner.
                                 
None for the respondent.
==============================================================
CORAM  : SMT. VASANTI  A. NAIK, J.

DATE : 3rd November , 2009
.

ORAL JUDGMENT

By this petition, the petitioner impugns the judgment passed by the

Member, Industrial Court on 6.12.2000 allowing the revision application filed by

the respondent / complainant.

2] The respondent is the original complainant. He filed a complaint before the

Labour Court, Amravati under section 28 of the Maharashtra Recognition of

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Trade Unions & Prevention of Unfair Labour Practices Act of 1971 seeking his

reinstatement in service and alleged unfair labour practice under Item 9 of

Schedule IV of the Act of 1971.

3] Since it was mentioned in the paragraph 1 of the complaint that from 1974

the respondent was working as a Manager, a preliminary objection was raised by

the petitioner to the tenability of the complaint on the ground that the

respondent was not a workman within the meaning of the term under the

provisions of section 2(S) of the Industrial Disputes Act. It was stated in the

preliminary objection that the respondent was discharging the duties of

supervisory and managerial nature and the complaint filed by respondent was

not tenable. The complainant denied that he was discharging the duties of a

Manager and was supervising and controlling the affairs of the firm. On perusing

the complaint and the say, the Presiding Officer, Labour Court, Amravati

dismissed the complaint filed by the respondent by an order dated 28.10.1993. It

was observed in the order dated 28.10.1993 that the complainant was working

as Manager and hence the complaint was not tenable. The order passed by the

Labour Court on 28.10.1993 was challenged by the respondent in a revision

before the Industrial Court, Amravati. The Industrial Court, Amravati by the

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impugned order dated 6.12.2000 set aside the order passed by the Labour Court

on 28.10.1993 and directed the Labour Court to decide the matter in the light of

the observations made in the impugned order.

4] Shri V. M. Deshpande, the learned counsel for the petitioner submitted that

the respondent had himself mentioned in paragraph 1 of the complaint that he

was working as Manager and since the respondent was discharging his duties as

Manager and had supervisory control over the affairs of the firm, he was not a

workman, within the meaning of the term under the provisions of the Industrial

Disputes Act. The learned counsel for the petitioner submitted that the Labour

Court had rightly dismissed the complaint by an order dated 28.10.1993 and it

was not proper on the part of the Industrial Court to have allowed the revision

filed by the respondent. The learned counsel for the petitioner then submitted

that on a perusal of the objection and the say of the complainant, it is clear that

the complainant was working in the managerial capacity and was not a

workman.

5] None appears on behalf of the respondent/ complainant.

6] On hearing the learned counsel for the petitioner and on perusal of the

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complaint, preliminary objection, the say of the complainant, as also the order

dated 28.10.1993 and impugned order dated 26.12.2000, it appears that the

order passed by the Industrial Court at Amravati on 6.12.2000 is just and proper.

The respondent had merely stated in paragraph 1 of the complaint that he was

working as a Manager. None of the paragraphs of the complaint speak about the

duties which were actually performed by the respondent. Though in the

preliminary objection it is stated by the petitioner that the respondent was

discharging the duties of Manager and used to supervise and control affairs of

the firm, this fact has been specifically denied by the respondent in the say filed

by the respondent. In such a background, in the absence of any evidence or in

the absence of the admitted position that the respondent was performing the

duties in the managerial and supervisory capacity, the Presiding Officer, Labour

Court had committed an error in dismissing the complaint by the order dated

28.10.1993. The Industrial Court rightly held that the designation of a person

would not be a decisive factor for deciding the question as to whether the person

falls within the definition of the term workman or not. The Industrial Court

rightly held that it is the nature of the work and the duties which is a decisive

factor. These aspects, according to the Industrial Court were not considered by

the Labour Court and the complaint was dismissed merely because the word

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“Manager” was used in paragraph 1 of the complaint. The Industrial Court

rightly held that the order of the Labour Court could not have been sustained as

it was not a reasoned order. The Industrial Court observed that this aspect of the

matter needs to be considered in detail and it is desirable that the court should

decide this issue only after permitting the parties to file their pleadings and

tender evidence on the same. The approach of the Industrial Court in considering

the revision is just and reasonable, so also is the impugned order as the Industrial

Court has clearly stated that it would be desirable that the parties should be

allowed to file the pleadings and the material documents before the Labour

Court for deciding the issue of jurisdiction. There is nothing wrong with the

order passed by the Industrial Court on 6.12.2000 as the complaint does not

disclose the nature of the duties performed by the respondent and it is not an

admitted position that the respondent was performing his duties in the

managerial capacity.

7] In the result, the writ petition is dismissed with no orders as to costs. Rule

stands discharged

JUDGE

SMP

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