Vikas Adhikari Panchayat Samiti v. Hira Lal, (SC)
BS12225
SUPREME COURT OF INDIA
Before:- S. Rajendra Babu and Shivaraj V. Patil, JJ.
Civil Appeal No. 2222 of 1998. D/d.
20.7.2000
Vikas Adhikari Panchayat Samiti - Appellants
Versus
Hira Lal - Respondent
Constitution of India, Article 136 - Industrial Disputes Act, 1947, Section 2(s) - Workman - Question whether a Government servant should also be a workman has to examined on facts of each case - No such question raised specially before High Court - Apex Court refused to go into it - However, award made by Labour Court modified to the extent of reducing the back wages by 50%.
[Paras 2 and 3]
Cases Referred :-
R.N.A. Britto v. Chief Executive Officer, 1995(4) SCT 464 (SC) : 1995(4) SCC 8.
ORDER
Shivaraj V. Patill, J. - Shri Aruneshwar Gupta, learned Counsel for the appellants attacked the order under appeal by raising the question whether the respondent is a workman working in an industry and whether he should approach the Industrial Tribunal or the Labour Court under the Industrial Disputes Act.
2. We do not think that such an issue should be examined. The learned Counsel relied upon the decision of this Court in R.N.A. Britto v. Chief Executive Officer, 1995(4) SCT 464 (SC) : 1995(4) SCC 8. The question whether a Government servant should also be workman will have to be examined on the facts of each case. As such a question has not been raised specifically before the High Court, we refuse to go into it. No other point is urged.
3. In the facts and circumstances of the case, we think it is appropriate to modify the award made by the Labour Court to the extent of reducing it to back wages awarded by 50%. It is submitted by Shri Aruneshwar Gupta, learned Counsel, that the post of Octroi Nakedar has been abolished. If that is so, the respondent may be fitted in any other equivalent post. The appeal is disposed of accordingly.
Order accordingly.