Food Corporation Of India vs Vijay Shankar Prasad
2023 Latest Caselaw 1923 Jhar

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI

                                W.P.(L) No. 6948 of 2016

                Food Corporation of India                     ...      ...      Petitioner
                                        Versus
                Vijay Shankar Prasad    .              ...        ...          Respondent
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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                For the Petitioner      : Mr. Nipun Bakshi, Advocate
                                        : Mr. Shubham Sinha, Advocate
                For the Respondent      : None
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09/04.05.2023         Learned counsel for the petitioner is present.

2. Nobody appears on behalf of the respondent.

3. Learned counsel for the petitioner has submitted that W.P.(L). No.6948 of 2016 is different from the other two tagged matters as the designation of the concerned workman is different.

4. Accordingly, W.P.(L). No.6948 of 2016 is de-tagged from the other two writ petitions.

5. Learned counsel for the petitioner submits that the core issue involved in the present case is that the respondent was not a workman within the meaning of Section 2 (s) of Industrial Dispute Act and therefore, the dispute raised before the learned labour court was itself not maintainable. The learned counsel further submits that as per the case of the respondent before the learned court below, a penalty of reduction to the initial pay in the time scale of pay to the post of Manager (D) was imposed upon the respondent. He submits that the designation of the respondent as Manager (D) is not in dispute. The learned counsel submits that Food Corporation of India is a pan India body and the designation, the assignment of work etc. are carried out by virtue of various circulars issued from time to time.

6. He has also submitted that a detailed judgment has been passed by Hon'ble Delhi High Court in W.P.(C). No.2084 of 1988 on 12.12.2022 (Food Corporation of India Vs. Govt. of India & Ors.) wherein, it has been held that category II Assistant Managers are not workman within the meaning of Section 2 (s) of Industrial Dispute Act. The learned counsel submits that the judgment passed by the Hon'ble Delhi High Court relates to all the categories of Managers including Assistant Managers and they have been held to be not workman within the meaning of Section 2 (s) of the Industrial Dispute

Act. Learned counsel submits that on this ground alone, the impugned order is fit to be set aside.

7. Since the respondent is absent, post this case under the heading for 'Final Disposal' on 16.05.2023.

(Anubha Rawat Choudhary, J.) Saurav/