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Head Note

Constitution of India, 1950  - Article 226 , Article 227

Uttar Pradesh Industrial Disputes Act, 1947 - Section 2(z) and 6 - Workman - Finding of Fact - Writ jurisdiction - The Labour Court came to the conclusion that at the relevant time the respondent was working as a Fleet Executive which is supervisory in nature and does not fall within the definition of 'labour' hence not entitled to any relief - The High Court committed grave error in holding that although he is not covered under the definition of workman as defined under Section 2(z) of the Act he shall be classified as a workman - The High Court further exceeded its jurisdiction in advising the Government to make an amendment in Section 2(z) of the Act and to exclude some clauses - The order passed by the High Court set aside the order passed by the Tribunal restored - Liberty granted to the respondent to move the appropriate forum to challenge, in accordance with law, the order of termination passed by the appellant.

Topic(s)-Writ Jurisdiction - No interference in case of finding of facts