The writ petition filed by the appellant in the Bombay High Court was dismissed in limine.
On appreciation of evidence the Labour Court held that even though the appellant was doing some clerical work, he was also doing supervisory and administrative work and A other work of checking bank reconciliation etc.
Accordingly, an award was made rejecting the reference.
Bombay made a reference to the Labour Court at Bombay for adjudicating upon the industrial dispute involving the question of the validity and legality of the Order of termination of service.
From the Judgment and Order dated 30.1.1980 of the Bombay High Court in Writ Petition No.
Numerous preliminary objections were raised by the employer, amongst them being one that the appellant is number a workman within the meaning of the expression in the Industrial Disputes Act, 1947 Act for short .
which was number clerical work and therefore he was number a workman within the meaning of the expression in the Act but in fact he was an officer of the Covenanted Contractual Staff Cadre.
Broadly accepting the appreciation of evidence and the finding of facts recorded by the trial companyrt, companyld it be said that the companyclusion reached by drawing impermissible inference from the evidence would justify a finding that the appellant was number a workman within the meaning of the expression in the Act.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Hence this appeal by special leave.
The termination of service led to an industrial dispute being raised and ultimately the Deputy Commissioner Labour Administration .
2638 of 1980.
2853 of 1979.
On January 1, 1966 he was appointed as Assistant and companytinued to render service in that post till his services came to be terminated on October 10, 1972.
B. Shetye, R. Ramachandran and Mukul Mudgal for the Appellant .
Evidence was led by both the parties and numerous documents were placed on record.
The Judgment of the Court was delivered by DESAI, J. The appellant Mr. Arkal Govind Raj Rao joined service with M s Ciba Geigy of India Ltd. employer for short as Stenographer cum Accountant with effect from January 18, 1956.
S. Parihar for the Respondent.
The reference also required the Labour Court to enquire whether the appellant is to be re instated with full back wages and companytinued in service with effect from October 10, 1972.
