Devendra Kumar Arvind vs. Chief Manager, Rajasthan State Road Transport Corporation Kota

Industrial Disputes Act, 1947–Sec. 2(s)–Whether the petitioner comes in the purview of workman–Admission of respondent that the petitioner was hired for work of kamani repair which is admittedely work of manual and technical nature–Merely on account of fact that the reward for such work was being given on price rate basis in itself would not oust the petitioner from the definition of workman moreso, when the petitioner was employed pursuant to order dated 09.05.2007 and 15.10.2007, issued by the respondent–Further, it has also not been denied that the petitioner was required to work under the instructions and control of respondent–Petitioner is fulfilling requirements of Sec. 2(s) of the Act of 1947–Impugned order of dismissing the reference is liable to be set aside–Matter remanded back for deciding afresh.