Person Working In Supervisory Capacity Cannot Raise “Industrial Dispute”: Gujarat High Court Quashes Reinstatement Order

Case: Gujarat Insecticides Ltd. & 1 Other(S) V/S Presiding Officer & 2 Other(S)

Coram: Justice AY Kogje

Case No.: C/SCA/28475/2007

Court Observation: “The Labour Court has completely disregarded this evidence, which according to this Court is most relevant for the purpose of deciding the status of workman…the Labour Court has proceeded that the petitioner-company ought to have produced evidence in the nature of whether the respondent-workman has sanctioned any leave, sanctioned any overtime or prepared any gate passes for employees to go home or has made any appointment or ordered dismissal. When the Labour Court, instead of referring to this evidence already on record to establish the nature of work of the respondent, has decided to chase the evidence which is not on record and then on the basis that such evidence not being on record, concluded the workman will be covered in the definition of workman, this is where, in the opinion of the Court, perversity has crept in.”

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Keywords

Supervisory Capacity, Industrial Dispute