Food Corporation Of India vs Kumar Madan Mohan
2021 Latest Caselaw 4978 Jhar

             IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           L. P. A. No. 446 of 2019
              Food Corporation of India, through its Assistant
              General Manger (Quality Control), Sushil
              Tirkey, Patna                                            ....Appellant
                                               Versus
              Kumar Madan Mohan, Ex-Assistant Grade-I (Depot),
              District-Patna                                           ... Respondent
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CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh Hon'ble Mrs. Justice Anubha Rawat Choudhary

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For the Appellant : Mr. Nipun Bakshi, Advocate

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04/22.12.2021 Learned counsel for the appellant, Mr. Nipun Bakshi submits by relying upon Memorandum of Charges (Annexure-1) dated 12th July, 2011, the Circular (Annexure-6) dated 30th October, 1996 on the subject of 'Job descriptions in respect of Depot and O.C Staff' as well as other material exhibits adduced during enquiry and before learned Tribunal that the respondent did not fall within the definition of 'workman' under Industrial Disputes Act, 1947, considering not only the role and responsibility on the post of AG-I(D) assigned to him as also his gross salary. Learned Tribunal has recorded a perverse finding on this issue. It has been erroneously upheld by learned Single Judge by the impugned judgment. The respondent did not enjoy protection of Section 33A of Industrial Disputes Act, 1947. It is submitted that there are other grounds of appeal as well.

Issue notice on the respondent in the stay petition (I.A. No. 6221 of 2019) as also in the main Memo of Appeal under registered cover with A/D and speed post, for which requisites etc. be filed within one week after reopening of winter vacation, 2021, failing which, this appeal shall stand dismissed without reference to the Bench. Office to track the speed-post delivery.

As per office report there is no limitation in preferring the instant memo of appeal. As such I.A. No. 6222 of 2019 preferred for condonation of delay stands closed.

(Aparesh Kumar Singh, J)

(Anubha Rawat Choudhary, J) Jk/