Industrial Disputes Act, 1947 ; Section 2(s) – Whether a person would or would not come within the definitional stipulation of a “workman” – Mere absence of power to appoint, dismiss or hold disciplinary inquiries against other employees, would not and could not be the sole criterion to determine such an issue. Holding otherwise would lead to incongruous consequences, as the same would, illustratively, mean that, employees in high-ranking positions but without powers to appoint, dismiss or hold disciplinary enquiry would be included under the umbrella of “workman” under Section 2(s), ID Act. (Para 25)
Constitution of India, 1950; Article 226, 227 – Power of the High Court to re-appraise the facts – It cannot be said that the same is completely impermissible under Articles 226 and 227 of the Constitution. However, there must be a level of infirmity greater than ordinary in a Tribunal’s order, which is facing judicial scrutiny before the High Court, to justify interference. (Para 26)