Desai, J. - (1.) 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 Jan. 18, 1956. On Jan. 1, 1966 he was appointed as Assistant and continued to render service in that post till his services came to be terminated on Oct. 10, 1972. The termination of service led to an industrial dispute being raised and ultimately the Deputy Commissioner Labour (Administration), 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. The reference also required to Labour Court to enquire whether the appellant is to be re-instated with full back wages and continued in service with effect from Oct. 10, 1972.
(2.) Numerous preliminary objections were raised by the employer, amongst them being one that the appellant is not a workman within the meaning of the expression in the Industrial Disputes Act, 1947 (Act for short).
(3.) Evidence was led by both the parties and numerous documents were placed on record. 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 other work of checking bank reconciliation etc. which was not clerical work and therefore he was not a workman within the meaning of the expression in the Act but in fact he was an officer of the Covenanted Contractual Staff Cadre. Accordingly, an award was made rejecting the reference.;