Supreme Court of India · 2002-04-11
SHARAD KUMAR vs GOVT. OF NCT OF DELHI .
- Citation / case number
- SC 2001/266
- Court
- Supreme Court of India
- Petitioner
- SHARAD KUMAR
- Respondent
- GOVT. OF NCT OF DELHI .
- Author
- BRIJESH KUMAR D.P. MOHAPATRA
- Bench
- BRIJESH KUMAR D.P. MOHAPATRA
Judgment text excerpt
The Supreme Court held that the appellant, designated as 'Area Sales Executive', does not qualify as a 'workman' under Section 2(s) of the Industrial Disputes Act, 1947, which was the sole reason for the State Government's refusal to refer the dispute to the Industrial Tribunal. The Court affirmed the High Court's dismissal of the writ petition challenging this refusal, emphasizing that the definition of 'workman' excludes the appellant's role. The Court concluded that the State Government's decision was a proper exercise of its jurisdiction under Section 10(1) and Section 12(5) of the Act.