Madhya Pradesh High Court
Factory Manager Echer Trucks & Buses V E ... vs Dy Labour Commissioner (Ir) Another on 7 October, 2015
W.P.No.115/2014
07.10.2015
Parties through their counsel.
The present petition has been filed against the order
dated 05/07/2013 passed by the Deputy Labour
Commissioner, (I.R), M.P by which, the earlier reference
was made to the Labour Court on 27/05/2013 has been
modified.
In the present case, the respondent-workman was
allegedly terminated and a reference was made by the State of M.P to the Labour Court under Section 10 of the Industrial Disputes Act 1947. The reference made by the Labour Commissioner reads as under:-
"Whether Shardendu (the workman) is a workman under the Provisions of the Industrial Disputes Act 1947 and his termination is legal or illegal. Meaning thereby, the reference was made to the labour court to decide whether the employee in question was a workman. Whether his termination is legal or illegal."
In the considered opinion of this court, there is no necessity of amending the same.
In the considered opinion of this court, whether the employee in question was a workman or not and whether he was working or not working has to be considered by the labour court after evidence is adduced and, therefore, there was no necessity of making a second reference.
Resultantly, the impugned order dated 05/07/2013 is hereby quashed.
However, the labour court is directed to decide the reference dated 27/05/2013, in accordance with law, within a period of six months from the date of receipt of certified copy of this order.
Certified copy as per rules.
(S.C. Sharma) Judge Karuna