Industrial Disputes Act, 1947 S. 2(s) Definition of Workman-Scope of- Covers an employee whose substantial duty is of a security inspector at the gate of factory premises.

Industrial Disputes Act, 1947-S. 2(ra)-Definition of unfair labour practice- Scope of Dismissal on flimsy ground-Whether amounts to victimization or unfair labour practice by management.

Natural Justice-Principle of Enquiry officer not summoning necessary witnesses-Whether findings of enquiry officer perverse.

The appellant, an employee of the respondent, was charged for abusing some fellow worker or officer of the management within the premises of the factory of the respondent. In domestic enquiry the Enquiry Officer found the appellant guilty of the charge. The management dismissed the appellant. On a reference being made under s. 10(i)(c) of the Industrial Disputes Act, 1947 the Labour Court held on preliminary issue that the reference was bad in law because the appellant was not a workman under s. 2(s) of the Act. The Labour Court's findings were challenged by the appellant in a writ petition which was dismissed by the High Court in limine On a special leave petition being filed by the appellant from which this appeal arises, this Court directed the Labour Court to try the other issues before it on the basis that the appellant was a workman. The Labour Court held that the finding of the Inquiry Officer was perverse; the punishment of dismissal was disproportionate to the gravity of the charge and the appellant was entitled to reinstatement with full back wages and continuity of service. The management filed a writ petition in the High Court challenging the findings of the Labour Court. This writ petition was transferred to this Court.

Allowing the appeal and dismissing the writ petition,