Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Industrial Disputes Act Legal Assistant |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Labour Laws : Industrial Disputes Act, 1947-Section 2(S)-Legal Assistant-Whether is a workman-Held: Legal Assistant is not a workman in view of nature of his job as the same was not of stereotype like that of a clerk as the job involved creativity. Code of Civil Procedure, 1908-Section 11-Principle of res judicata Industrial dispute-issue regarding jurisdiction of Industrial Court to entertain the dispute-Writ petition-issue decided-Employer not preferred appeal against the judgement of Single Judge of High Court-But raised the issue in appeal before Supreme Court-Applicability of principle of res judicata in view of order of Single Judge having attained finality-Held: The principle belongs to domain of proceeding and would not apply when the decision relates to jurisdiction of a Court-Industrial Disputes Act, 1947. Words ad Phrases : "Workman"-Meaning of in the context of Industrial Disputes Act, 1947. Respondent was appointed by the appellant in the post of Legal Assistant. The nature of his duties was to prepare written statements and notices, recording enquiry proceedings and representing the appellant in all types of cases and conducting enquiries against workmen of the appellant Company. Pursuant to decision of abolition of the post by the appellant, services of the respondent were dispensed with. Respondent raised industrial dispute. Labour Court held that the job of the respondent being of legal clerical nature, he would be workman within meaning of Industrial Disputes Act, 1947; and he was liable to be reinstated with continuity of service with 50% back wages. Respondent as well as appellant filed Writ Petitions against the award. Single Judge of the High Court held that the respondent was a workman, but in view of the fact that he had been practicing as an advocate and was appointed as Additional District Attorney, awarded an amount calculated at 50% back wages by way of compensation in lieu of his reinstatement in service. Respondent filed Letters Patent Appeal. Appellant did not prefer any appeal. Division Bench of High Court relying on *S.K. Verma 's case,. restored the award of reinstatement passed by Labour Court, but did not award full back wages. In appeal to this Court appellant contended that in view of nature of duties of the respondent, he could not have been held to be 'workman u/s. 2(s) of the Act; and that reliance on S.K. Verma 's case was misplaced as the same was held to have been rendered per in curium by Constitution Bench of this Court. Respondent contended that since no appeal was preferred by appellant against order of Single Judge of High Court, it attained finality and by application of principle of res judicata the issue regarding respondent being workman or not could not be permitted to be raised again. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2005 INSC 77 |
Petitioner | Management Of M/s. Sonepat Cooperative Sugar Mills Ltd. |
Respondent | Ajit Singh |
SCR | [2005] 2 S.C.R. 105 |
Judgement Date | 2005-02-14 |
Case Number | 8453-8454 |
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