THE FACTORY MANAGER CIMMCO WAGON FACTORY versus VIRENDRA KUMAR SHARMA AND ANR.

THE FACTORY MANAGER CIMMCO WAGON FACTORY versus VIRENDRA KUMAR SHARMA AND ANR.

The respondent was not a 'workman' as there was no master-servant relationship, he worked as an apprentice under express conditions, was paid only a stipend, and was not employed or paid salary by competent authority; presumption under Section 103 of the Factories Act was rebutted by facts and not applicable to reinstatement proceedings under the Industrial Disputes Act.

Parties
Appellant: Factory Manager, CIMCO Wagon Factory; Respondent: Virendra Kumar Sharma; Respondent: Anr.
Jurisdiction
India
Judgment Date
26 July 2000
Procedural Posture
Civil Appeal / Supreme Court Final Decision on Appeal
Outcome
Appeal of company allowed; respondent's appeal dismissed.
Legal Topics
Workman Status, Apprenticeship, Factory Employment, Industrial Disputes, Rebuttable Presumption
Labour Law Workman Status Apprenticeship Factory Employment Industrial Disputes Rebuttable Presumption

Case Brief

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Parties

Factory Manager, CIMCO Wagon Factory

Appellant

Virendra Kumar Sharma

Respondent

Anr.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Decision on Appeal

Legal Issues

  1. 1 Whether the respondent was a 'workman' under the Industrial Disputes Act, 1947
  2. 2 Applicability and effect of presumption under Section 103 of the Factories Act, 1948
  3. 3 Correctness of High Court's interference with Labour Court's findings under Article 226 of the Constitution

Ratio Decidendi

The respondent was not a 'workman' as there was no master-servant relationship, he worked as an apprentice under express conditions, was paid only a stipend, and was not employed or paid salary by competent authority; presumption under Section 103 of the Factories Act was rebutted by facts and not applicable to reinstatement proceedings under the Industrial Disputes Act.

Court Disposition

Appeal of company allowed; respondent's appeal dismissed.

Orders

  • Order of Division Bench of High Court set aside; award of Labour Court restored.
  • Civil Appeal No. 4501/98 allowed.