NATIONAL ENGINEERING INDUSTRIES LIMITED versus SHRI SHRI KISHAN BHAGERIA & OTHERS

NATIONAL ENGINEERING INDUSTRIES LIMITED versus SHRI SHRI KISHAN BHAGERIA & OTHERS

An Internal Auditor in the appellant company, performing mainly checking and reporting duties without authority to make decisions binding the employer, is not employed in a supervisory or managerial capacity and thus qualifies as a 'workman' under section 2(s) of the Industrial Disputes Act, 1947. The Industrial Disputes Act, 1947 and Rajasthan Shops and Commercial Establishments Act, 1958, though addressing similar subject matter, are not repugnant or inconsistent, and rights under the Central Act are not barred due to limitation under the State Act owing to section 37 of the Rajasthan Act.

Parties
Appellant: National Engineering Industries Limited; Respondent No. 1: Shri Shri Kishan Bhageria
Jurisdiction
India
Judgment Date
11 November 1987
Procedural Posture
Civil Appeal / Final Judgment on Appeal From Division Bench Decision of Rajasthan High Court
Outcome
Appeals dismissed
Legal Topics
Definition of 'workman', Repugnancy Between State and Central Laws, Rights of Dismissed Employees, Interplay Between Industrial Disputes Act and State Shops/establishments Act
Labour Law Industrial Law Definition of 'workman' Repugnancy Between State and Central Laws Rights of Dismissed Employees Interplay Between Industrial Disputes Act and State Shops/establishments Act

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Parties

National Engineering Industries Limited

Appellant

Shri Shri Kishan Bhageria

Respondent No. 1

Procedural Posture

Civil Appeal / Final Judgment on Appeal From Division Bench Decision of Rajasthan High Court

Legal Issues

  1. 1 Whether Internal Auditor is a 'workman' under section 2(s) of the Industrial Disputes Act, 1947
  2. 2 Whether the Industrial Disputes Act, 1947 and Rajasthan Shops and Commercial Establishments Act, 1958 are repugnant or inconsistent in regard to relief against dismissal

Ratio Decidendi

An Internal Auditor in the appellant company, performing mainly checking and reporting duties without authority to make decisions binding the employer, is not employed in a supervisory or managerial capacity and thus qualifies as a 'workman' under section 2(s) of the Industrial Disputes Act, 1947. The Industrial Disputes Act, 1947 and Rajasthan Shops and Commercial Establishments Act, 1958, though addressing similar subject matter, are not repugnant or inconsistent, and rights under the Central Act are not barred due to limitation under the State Act owing to section 37 of the Rajasthan Act.

Court Disposition

Appeals dismissed

Orders

  • High Court's decision upheld: Respondent No. 1 declared a 'workman' and entitled to relief.
  • Reference before Tribunal to proceed expeditiously.