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2001 DIGILAW 619 (MAD)

Management of Fenner India Limited v. Presiding Officer, Labour Court and Another

2001-06-15

R.JAYASIMHA BABU

body2001
Judgment :- R. JAYASIMHA BABU, J. Having heard the learned counsel and perused the award, as also the evidence of the witnesses referred to therein, it is clear that the Labour Court has not considered all the evidence that had been placed before it before reaching the conclusion that the claimant before it was a workman and was not a supervisor. The tests, viz., whether the claimant had the power to grant leave to and take disciplinary action against the other workers are wrong tests applied by the Labour Court for deciding as to whether the claimant was a supervisor or a workman. Section 2(s) of the Industrial Disputes Act, defines "workman" as including persons performing supervisory work, in the category of workman. However, they are excluded from that category, if their monthly salary exceed the limit specified in that definition. The work performed by a supervisor, clearly, is different from the work performed by a Manager. Managers are excluded from the category of workmen in the definition itself. Managers, therefore, clearly form a different class. Though the work performed by supervisors and workmen may have some degree of similarity, it is not necessary that a person doing supervisory work should be found not to have been vested with managerial powers. The employer had placed before the Court the evidence of one of its officials and the claimant himself had admitted that he had been designated as supervisory that he had received salary in excess of Rs. 1, 600 per month and that there were times when he was placed in full charges. The impugned award is, therefore, set aside and the matter is remanded to the Labour Court for fresh disposal in accordance with law. As the matter, is an old one the Labour Court is directed to dispose of the same within a period of six months from the date of receipt of this order. Registry is directed to return the records immediately to the Labour Court and also send a copy of this order to that Court within the next fortnight.