Civil Writ Petition No.19074 of 2006 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.19074 of 2006 Date of decision: April 04, 2008 Kashinath Dey … Petitioner Versus State of Haryana and others … Respondents CORAM: HON’BLE MR. JUSTICE ASHUTOSH MOHUNTA HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Kirti Kumar, Advocate for the petitioner. Mr. D.S.Nalwa, Additional Advocate General, Haryana for the State. ASHUTOSH MOHUNTA, J. (ORAL) The petitioner has impugned the order (Annexure P-2), vide which his request for referring the matter to the labour Court has been rejected by the Special Secretary, Govt. of Haryana, Labour Department on the ground that the petitioner was working as Assistant Accountant with the respondent No.3. Counsel for the petitioner submits that the question whether the petitioner is a workman or not as defined under Section 2-S of the Civil Writ Petition No.19074 of 2006 2 Industrial Disputes Act can only be decided by the labour Court and the State Government cannot adjudicate upon this issue. After hearing learned counsel for the petitioner, we are of the considered opinion that the question whether an employee is a workman or not can be adjudicated only by the labour Court under Section 10 of the Industrial Disputes Act. In this view of the matter, we set aside the order (Annexure P-2) and remand the case back to the respondent No.2 to reconsider the matter expeditiously. [ASHUTOSH MOHUNTA] JUDGE [KANWALJIT SINGH AHLUWALIA] JUDGE April 04, 2008. rps