M/S PEPSICO INDIA HOLDING PVT LTD Vs. KRISHNA KANT PANDEY


Case is regarding respondent who was appointed on the post of Operator/Technician Grade III for six months on probation basis w.e.f. 13th of March, 1995 against the salary of Rs. 2600/- per month. His services been found satisfactory and was confirmed on 13th september 1995 and also awarded with increment.Earlier he was appointed to Jainpur from where he was transfered to Sathariya Plant, District Jaunpur, U.P. on 30th of August, 1996 on the revised pay scale i.e. Rs. 5450/-. Pursuant subsequent transfer order, he was posted at Lucknow in the month of June, 1997 and till 2000 he was awarded annual increments at the rate of Rs.490/-. Subsequently, he was promoted to the post of Line Supervisor in the pay scale of Rs.7716/- and thereafter to the post of Fleet Executive. As per respondent posted on Fleet Executive, he was to discharge the mechanical work which is called skilled workman. Also, there is no staff subordinate and employer can transfer him one place to another and also compelling him to resign from the post or to be on long leave. Respondent was remained on leave 9th October, 2003 to 17th October,2003. When he turned up, he is not allowing to join the services and got letter from employer as he is unhappy with his services and terminate him by giving one month salary. The appellant Company pleaded that the respondent did not satisfy the criteria of a workman as respondent alleging he is a workman. The Industrial Tribunal dismissed the reference and, therefore, no challenge to the termination is maintainable before the Tribunal. Respondent looking for re-instatement to the post of Fleet Executive with continuity of service and for payment of full back.  As per court,he is not covered under the definition of workman as defined under Section 2(z) of the Act he shall be classified as a workman. Tribunal. However, respondent have full liberty to move the appropriate forum to challenge, in accordance with law, the order of termination passed by the appellant.

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