This Letters Patent Appeal challenged the Single Judge's dismissal of a writ petition upholding a Labour Court award. The Court declined to interfere, finding concurrent factual findings that the appellant performed managerial duties and was not a workman.
The appeal was dismissed, affirming the award that the appellant was not a workman.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
LETTERS PATENT APPEAL NO. 204 of 2009 IN
WRIT PETITION NO. 4030 of 2007
Martin Daniel Bhalerao
....Appellant
v/s.
D.B. Power Electronics (P) Ltd.
....Respondents
Shri Nitin A. Kulkarni for the appellant. Shri A.D.patwardhan for the respondents.
CORAM:- SWATANTER KUMAR, C.J. AND A.M.KHANWILKAR, J.
DATED:- September 01, 2009.
P.C.
Present Appeal is directed against the Judgment of the Learned Single Judge dated 9th October, 2007 vide which the Writ Petition was dismissed while affirming the Award passed by the Second Labour Court, Pune in Reference No. 394/1997 holding that the Petitioner was not a workman.
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particular duties. Onus was placed upon the management and management had discharged it by producing Exhibit D-1. The witness examined on behalf of the management clearly stated that nature of functions being performed by the Petitioner were in managerial and supervisory category and Petitioner was not discharging duties and functions of a workman.
CHIEF JUSTICE
A.M.KHANWILKAR, J
1 issue framed by the court
Whether the appellant, performing supervisory and managerial functions, qualifies as a workman under the relevant labour award.
Martin Daniel Bhalerao
D.B. Power Electronics (P) Ltd.
Swatanter Kumar
A.M. Khanwilkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
