The Allahabad High Court has stayed the award issued by the Industrial Tribunal Kanpur Nagar to a company manager doing supervisory work as a worker.
A Single Bench of Justice Saumitra Dayal Singh passed this order while hearing a petition filed by ATC Telecom Infrastructure Private Limited.
The Court noted that,
Submission of the counsel for the petitioner is, the respondent was not a workman as per his own admission by way of oral statement made before the Tribunal.
Referring to the same, it has been submitted, of his own showing the respondent was performing managerial and/or supervisory work. His salary was above the statutory limit prescribed for workmen. In such facts, the Tribunal has recorded wholly subjective findings without giving any reasons that the respondent was a workman.
The Court observed that the matter requires consideration.
‘The Counsel for the respondents prays for and is granted four weeks’ time to file counter affidavit. Petitioner shall have two weeks’ thereafter to file a rejoinder affidavit.
Till the next date of listing, operation and effect of the impugned award dated 22.12.2021 shall remain stayed’, the Court ordered.
The Court has fixed the next hearing of the petition on August 16, 2022.