Team Thai Ashique Enterprises Formerly v. Harshal M.P
Case brief
What is this about?
The High Court dismissed an appeal against a Labour Court award reinstiting a Branch Manager. The Court held the Labour Court's finding that the Branch Manager was a 'workman' was perverse because his salary exceeded limits and his duties were supervisory. Consequently, the award was set aside and the dismissal upheld.
What did the court decide?
Ext.P8 award set aside; dismissal of the first respondent's service upheld.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 27TH DAY OF FEBRUARY 2024 / 8TH PHALGUNA, 1945
WP(C) NO. 3451 OF 2020
PETITIONER/S:
TEAM THAI ASHIQUE ENTERPRISES FORMERLY
KNOW AS ASHIQUE ENTERPRISES,
28/1670B, THONDAYAD BYPASS ROAD,
NELLIKODE P.O.
CALICUT-673 016,
REP. BY ITS GENERAL MANAGER BIJU SUKUMARAN.
BY ADVS.
M.RAMESH CHANDER (SR.)
BALU TOM
BONNY BENNY
RESPONDENT/S:
1HARSHAL M.P
ASIYA MANZIL, NORTH KOZHAKKOTTOOR,
AREACODE, MALAPPURAM -673 639.
2THE LABOUR COURT,
WAYANAD RD, CIVIL STATION,
ERANHIPPALAM, KOZHIKODE-673 020.
BY ADVS.
SRI.C.ANIL KUMAR
SMT.A.K.PREETHA
OTHER PRESENT:
SRI. VENUGOPAL V -GP
Issues for consideration
3 issues framed by the court
Whether the Labour Court erred in finding that a Branch Manager, drawing wages above Rs.10,000 and supervising sales executives, falls within the definition of 'Workman' under Section 2(s) of the Indu
Whether the High Court can interfere with the Labour Court's award under Article 226/227 on the ground of perversity in finding the Branch Manager did not work in a managerial, administrative, or supe
Whether the dismissal of the Branch Manager respondent should be upheld given that he is not classified as a workman.
Parties & counsel
- petitioner
Team Thai Ashique Enterprises
- respondent
Harshal M.P
- respondent
The Labour Court, Kozhikode
Coram
Case details
As recorded by the court registry
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