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Issues:
1. Whether the retirement of a specific individual was against the service conditions applicable to the workmen of the company. 2. Whether the individual in question was classified as a workman or employed in a supervisory capacity. Analysis: 1. The case involved an industrial dispute between the appellant company and its workmen regarding the retirement of an individual named Prafulla Kumar Gupta. The dispute centered around whether the retirement of Gupta was in compliance with the service conditions applicable to the company's workmen. The issue referred for adjudication was whether the company was justified in retiring Gupta and what relief he was entitled to. 2. The appellant contended that Gupta was not a workman but employed in a supervisory capacity, which would mean no industrial dispute could arise in his retirement. The Labour Court rejected this contention and held that Gupta was indeed a workman at the time of his retirement. The main question for decision was whether Gupta was a workman or employed in a supervisory role. The appellant argued that Gupta's total wages exceeded a certain amount, placing him in a supervisory category under the Industrial Disputes Act. However, the workmen maintained that Gupta was a clerk and not in a supervisory position, a stance upheld by the Labour Court. 3. The determination of whether Gupta was employed in a supervisory capacity or as a clerk hinged on the nature of his main duties. The court emphasized that if a person's principal tasks are of a supervisory nature, they would be classified as a supervisor, and vice versa for clerical roles. The evidence presented was scrutinized to ascertain whether Gupta's primary duties were supervisory or clerical. The court referred to established principles from previous cases to guide their decision-making process. 4. The court examined the testimonies of witnesses from both sides, including Gupta himself, who was designated as the manager of the Provident Fund Section. The appellant's contention that Gupta supervised clerks under him was not adequately supported by evidence. It was revealed that Gupta's main responsibilities involved clerical tasks like maintaining cash-books and preparing returns. The limited supervisory duties he performed, such as allocating work and recommending leave, were insufficient to classify him as a supervisor. 5. Based on the evidence presented, the court concluded that Gupta was primarily engaged in clerical work, despite his designation as a manager. His role as a senior clerk in-charge did not entail substantial supervisory responsibilities. The court upheld the Labour Court's decision that Gupta was a workman at the time of his retirement, thereby confirming the existence of an industrial dispute. Consequently, the appeal challenging the Labour Court's decision was dismissed, and costs were awarded against the appellant company.
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