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SCA/6021/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 6021 of 2011
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NAVDEEP
CHEMICALS PVT LTD - Petitioner(s)
Versus
RAMNIKLAL
KANJIBHAI PARMAR - Respondent(s)
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Appearance :
MR
ARUN D OZA LD ADVOCATE WITH MR DIPAK R DAVE
for Petitioner(s) : 1,
MR
SK BUKHARI for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 25/07/2011
ORAL
ORDER
1. Heard
learned Advocate, Mr.Arun D Oza, with Mr.Dipak R Dave, for the
petitioner. Learned Advocate for the petitioner invited attention of
the Court to page No.84 – resignation, page No.85-letter dated
03/06/2006 and page No.92 – legal notice dated 07/06/2006.
1.1 Learned
Advocate for the petitioner submitted that besides the monthly salary
@ Rs.17,460/- paid to the respondent, he was paid reimbursement for
magazine expenses @ of Rs.200/- per month and reimbursement for
medical expenses @ Rs.17460/- per annum (Rs.1455/- per month), which
is suggestive of the fact that respondent was never working as a
‘Workman’ with the petitioner establishment. He submitted
that respondent himself has stated in his statement of claim that
after sometime from the post of ‘Analytical Chemist’ he was promoted
as ‘Quality Control Officer’ and, later on ‘Quality Control
Executive’. He, therefore, submitted that the interim – relief
as prayed for may be granted.
2. As
against that, learned Advocate, Mr.Bukhari, for the respondent
submitted that it is the case of the respondent that though his
designation was ‘Quality Control Officer’ and later on promoted as
‘Quality Control Executive’, his work remained the same as that of
‘Analytical Chemist’. He further submitted that he never had any
power to grant leave to any of his subordinate staff or to take any
disciplinary action against his subordinate staff and therefore he
was nothing more than the ‘Workman’. In this regard, he invited
attention of the court to the contents of the paragraph No.9 of the
award.
3. Be
that as it may, the fact that respondent was getting salary of
Rs.17,460/- per month and also the magazine expenses and medical
reimbursement of Rs.17460/- per annum (Rs.1455/- per month),
prima-facie this Court is of the opinion that the respondent is not a
‘Workman’. Hence, the matter requires consideration.
4. RULE.
Interim-relief in terms of paragraph No.6(B). Mr.S K
Bukhari, learned Advocate appearing for the respondent waives service
of notice of Rule.
(RAVI
R TRIPATHI, J.)
sompura
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