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PETITIONER: WORKMEN OF DIMAKUCHI TEA ESTATE
Vs.
RESPONDENT: THE MANAGEMENT OF DIMAKUCHITEA ESTATE
DATE OF JUDGMENT: 04/02/1958
BENCH: DAS, SUDHI RANJAN (CJ) BENCH: DAS, SUDHI RANJAN (CJ) DAS, S.K. SARKAR, A.K.
CITATION: 1958 AIR 353 1958 SCR 1156
ACT: Industrial Dispute-Definition, lnterpretation of-Test- ’Any person’, Meaning of-Industrial Disputes Act, 1947 (Act XIV of 1947),S. 2(k).
HEADNOTE: The question for decision in this appeal was whether a dispute raised by the workmen’ relating to a person who was not a workman could be an industrial dispute as defined by S. 2(k) of the Industrial Disputes Act, 1947, as it stood before the amendments Of 1956. The appellants, who were the workmen of Dimakuchi Tea Estate, espoused the cause of one Dr. K. P. Banerjee, Assistant Medical Officer, who had been dismissed unheard with a month’s salary in lieu of notice but who had accepted such payment and left the garden and the dispute raised was ultimately referred by the Government for adjudication under s. 10 of the Act. Both the Tribunal and the Appellate Industrial Tribunal took the view that as Dr. Banerjee was not an workman within the meaning of the Act, the, dispute was not an industrial dispute as defined by S. 2(k): Held, (per Das, C. J., and S. K. Das, J., Sarkar, J., dissenting), that the expression ’any person’ occurring in S. 2(k)...