LexLENIN KUMAR RAY versus M/S EXPRESS PUBLICATIONS (MADURAI) LTD.
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[2024] 10 S.C.R. 2303 : 2024 INSC 802 Lenin Kumar Ray v. M/s Express Publications (Madurai) Ltd. (Civil Appeal No. 11709 of 2024) 21 October 2024 [Pankaj Mithal and R. Mahadevan,* JJ.] Issue for Consideration Whether the appellant employee falls within the definition of “workman” under Section 2(s) of the Industrial Disputes Act, 1947, was illegally terminated from service in violation of procedure laid down in law. Headnotes† Industrial Disputes Act, 1947 – Section 2(s) – Meaning of “workman” – Determinative factor is the principal duties and functions performed by an employee in the establishment and not merely the designation of his post – Onus of proving the nature of employment rests on the person claiming to be a “workman”: Held: To qualify as a “workman” under s.2(s) of the Industrial Disputes Act, 1947, a person must be engaged in any work of manual, unskilled, skilled, technical, operational, clerical or supervisory nature – However, the said provision excludes four classes of employees from its ambit including a person employed in a supervisory capacity drawing wages exceeding Rs.10,000/- after amendment (Rs.1,600/- before amendment of 2010) per month or exercises functions mainly of a managerial nature. [Para 11] The onus of proving the nature of employment rests on the person claiming to be a “workman” within the definition of section 2(s) of the I.D. Act – The employee was appointed as Junior Engineer (E&C) in 1997 under Group 3 (Admn) for a salary of Rs. 4,761.75 per month – Thereafter, the employee was promoted as Assistant Engineer (E&C) in Group 2A (Admn) with a revised salary of Rs. 6,008.79 per month – The employee deposed that he was not an executive cadre employee and there were senior officers to supervise and control his work – Admittedly, the employee was supervising the work of two juniors who were working under him – In * Author 2304 [2024] 10 S.C.R. Digital Supreme Court Reports the absence of any concrete material to demonstrate the nature of duties discharged by the employee, the employment orders issued by the management will have to be taken into consideration and as per the same, the employee was appointed as Junior Engineer and was promoted as Assistant Engineer, on the administrative side – Even according to the employee, the nature of duties and functions discharged by him was of supervisory – As such, applying the pre-amended version of Section 2(s) and since the employee was drawing salary of more than Rs. 1,600, the employee is not a “workman” under Section 2(s) and is not covered by provisions of the Industrial Disputes Act, 1947. [Para 12 to 16] Termination of employment – No violation of procedure by the management: Held: In terms of clause 14 of the appointment letter, the employee was required to be paid one month salary in lieu of notice – The employee was relieved from duty with effect from 08.10.2003 and he was issued with a cheque towards one month salary in lieu of notice – Admittedly, the employee accepted the said cheque and encashed the same – Hence, there is no violation of procedure on the part of the management in terminating the services of the employee. [Para 17] Since the employee is not covered by provisions of the Industrial Disputes Act, 1947, the order of High Court setting aside the award of the Labour Court to reinstate the employee in service and pay compensation of Rs.75,000/- in lieu of back wages is affirmed. [Para 18] Case Law Cited K.C.P. Employees Association v. K.C.P. Ltd [1978] 2 SCR 608 : (1978) 2 SCC 42; Southern Ispat Ltd v. State of Kerala [2004] 3 SCR 570 : (2004) 4 SCC 68; Sharad Kumar v. NCT of Delhi [2002] 2 SCR 1057 : (2002) 4 SCC 490; S.K. Maini v. Carona Sahu Co. Ltd [1994] 2 SCR 333 : (1994) 3 SCC 510; Ananda Bazar Patrika (P) Ltd v. Workmen [1964] 3 SCR 601 : (1970) 3 SCC 248; Deepali Gundu Surwase v. Kranti Junior Adhyapak Mahavidyalaya [2013] 9 SCR 1 : (2013) 10 SCC 324; Jasmer Singh v. State of Haryana (2015) 4 SCC 458 – referred to. List of Acts Industrial Disputes Act, 1947. [2024] 10 S.C.R. 2305 Lenin Kumar Ray v. M/s Express Publications (Madurai) Ltd. List of Keywords Section 2(s), Section 25F, Section 25G, Section 25H of Industrial Disputes Act, 1947; Workman; Nature of duties discharged; Supervisory role; Terms of employment; Appointment order. Case Arising From CIVIL APPELLATE JURISDICTION: Civil Appeal No. 11709 of 2024 From the Judgment and Order dated 04.04.
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