SHARAD KUMAR versus GOVT. OF NCT OF DELHI AND ORS.

SHARAD KUMAR versus GOVT. OF NCT OF DELHI AND ORS.

The State Government and High Court erred in rejecting reference of appellant’s dispute solely on basis of job designation; determination of 'workman' status under Section 2(s) requires factual examination by the Industrial Tribunal/Labour Court, not summary administrative decision.

Parties
Appellant: Sharad Kumar; Respondent No. 1: Govt. of NCT of Delhi; Respondent Nos. 2 4: Usha International Ltd. (J.B.D. and Co., Respondents 2-4)
Jurisdiction
India
Judgment Date
11 April 2002
Procedural Posture
Civil Appeal / Supreme Court Appeal From Order of Delhi High Court Denying Writ Against Refusal to Refer Dispute to Industrial Tribunal/labour Court
Outcome
Appeal allowed
Legal Topics
Industrial Disputes, Definition of Workman, Jurisdiction of Appropriate Government, Reference to Tribunal/labour Court
Labour Law Industrial Disputes Definition of Workman Jurisdiction of Appropriate Government Reference to Tribunal/labour Court

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Parties

Sharad Kumar

Appellant

Govt. of NCT of Delhi

Respondent No. 1

Usha International Ltd. (J.B.D. and Co., Respondents 2-4)

Respondent Nos. 2 4

Procedural Posture

Civil Appeal / Supreme Court Appeal From Order of Delhi High Court Denying Writ Against Refusal to Refer Dispute to Industrial Tribunal/labour Court

Legal Issues

  1. 1 Whether State Government was justified in refusing reference of industrial dispute on sole ground that appellant was not a 'workman' under Section 2(s) of Industrial Disputes Act
  2. 2 Whether the question of 'workman' status involves factual inquiry requiring adjudication by Tribunal/Labour Court

Ratio Decidendi

The State Government and High Court erred in rejecting reference of appellant’s dispute solely on basis of job designation; determination of 'workman' status under Section 2(s) requires factual examination by the Industrial Tribunal/Labour Court, not summary administrative decision.

Court Disposition

Appeal allowed

Orders

  • Delhi High Court order dated 10.7.2000 in C.W.P. No. 3561/2000 set aside
  • Government of NCT of Delhi directed to refer the dispute including 'workman' status question to Industrial Tribunal/Labour Court for adjudication