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april 2002

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.

SHARAD KUMAR vs GOVT. OF NCT OF DELHI . · Niyam