Case: IEL Supervisors'' Association and Ors Vs. Duncan Industries Ltd. and Ors

The relevant portion of the order dated 14.09.2010 passed by this Court in Civil Appeal Nos. 351-355 of 2006 and other connected matters, is reproduced below:In the circumstances and keeping in view the fact that the Labour Court has taken two different views in the two references made to it as regards the stout of Supervisors and Deputy Superintendents, we are of the view that the matters need to be remanded back to the High Court to enable both the sides to argue the matter afresh and also the High Court to examine the issues that arise for determinationWe, accordingly, allow these appeals, set aside both the impugned orders and remit the matters back to the High Court for a fresh disposal in accordance with law. Keeping in view the importance of the issues that arise for consideration, we would request the Chief Justice of the High Court to direct placing the matters before a Division Bench. Since, the matters have been lingering on for a long time, we give liberty to the parties to approach the Division Bench for an early hearing and disposal. Parties are left to bear their own costs. Needless to say that all contentions available to the parties are left open to be urged before the High Court.

Reasoning: 3. It may be seen that the order, as above, was passed in view of the conflicting stands taken by two Labour Courts on the issue as to whether the Supervisors/Deputy Superintendents would be workmen or not under the provisions of the Industrial Disputes Act, 1947There are already two conflicting views of the Labour Courts.