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Amar Singh v. U.P. State Ware Hosing Corporation And Others - WRIT - A No. 21270 of 2006  RD-AH 8845 (10 May 2007)
Court No. 26
Civil Misc. Restoration Application
Civil Misc. Writ Petition No. 21270 of 2006
U.P. State Ware Housing Corporation & Others
Hon'ble Rakesh Tiwari, J.
Heard learned counsel for the petitioner-applicant.
The learned counsel for the petitioner contends that the petitioner is not a Labour but is a Clerk in the respondent-department, as such the order and judgment dated 7.3.2007 relegating the petitioner to the Labour Court on the ground of alternative remedy may be recalled.
"Workman" has been defined under Section 2 (z) of the U.P. Industrial Disputes Act, 1947 as under: -
"(z) "Workman" means any person (including apprentice) employed in any industry to do any skilled or unskilled manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this Act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person-
(i) who is subject to the Army Act, 1950 or the Air Force Act, 1950, or the Navy (Discipline) Act, 1934; or
(ii) who is employed in the police service or as an officer or other employee of a prison; or
(iii) who is employed mainly in a managerial or administrative capacity; or
(iv) who, being employed in a supervisory capacity, draws wages exceeding five hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature."
Not only this in the Act the dispute may be between the employer and employee, between employer and employer and between employee and employee.
Thus, it is hardly material whether the petitioner is workman or employer or an employee for the purpose of raising an industrial dispute for adjudication of disputed questions of facts.
In view of the fact that the question raised by the petitioner requiring decision on facts on the basis of oral and documentary evidence, there is no question for recall/restoration of the order as the judgment passed by the Court is not affected by the question raised by the petitioner that he is clerk and not labour which otherwise also is incorrect in view of the definition of the workman quoted above.
The application is accordingly rejected.
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