Labour Law

Industrial Disputes Act, 1947

— S. 2(s)(iv) — Whether the employee worked in a supervisory capacity and was not a workman — Test to determine — Supervision — Concept of — Held, not only the nature of his work but also the terms of appointment in the job are relevant considerations — Supervision contemplates direction and control — Hence, in determining the nature of work, essence of the matter should be considered and the designation of the employee or the name assigned to his class should not be given undue importance — Primary duties performed by him are more important — Existence of subordinates whose work is required to be supervised is a sine qua non to prove supervisory work — An employee in charge of a section and that too a small one in the quality control department of an oil seedgrowers' cooperative society, without any authority to initiate departmental proceedings against the subordinates, held, did not fall within the scope of S. 2(s)(iv), (2006) 6 SCC 548-A

Labour Law

Industrial Disputes Act, 1947

— S. 11-A — Jurisdiction of Labour Court under, to interfere with the quantum of punishment, held, is limited and cannot be exercised without sufficient reasons — In the present case, the delinquent workman holding a meeting of the staff at a nearby place without obtaining permission from the management — He making serious allegations against the Chief Executive and calling for his ouster — Employees thereafter forcibly entering the cabin of the Chief Executive and demanding of him to leave the institution — Charge of misconduct against the delinquent standing proved in domestic enquiry — Employer dismissing him from service — In such circumstances, Labour Court erred in holding the punishment to be excessive and exorbitant and directing reinstatement with 25% back wages, (2006) 6 SCC 548-B

Labour Law

Penalty/Punishment

— Parity in punishment — Relief on the basis of — Dismissal of workman for proved misconduct — However, others against whom there were identical allegations allowed to take the benefit of voluntary retirement scheme — In such circumstances, the delinquent in the present case, directed to be treated on same footing and given the benefit of voluntary retirement from the month in which the others were given the benefit thereof, (2006) 6 SCC 548-C