- (1.) Heard learned counsel for the parties.
(2.) The appellant is aggrieved against the order dated 13 th July, 2011 passed in W.P (L) No.4223/2008, whereby the award passed by the Labour Court, Dhanbad, dated 2 nd April, 2008 in Reference Case No.1/1996 has been upheld, however, with modification in the award of backwages by reducing it by 25%.
(3.) Learned counsel for the appellant submitted that in fact, the respondent was not a workman within the definition of section 2(s) of the Industrial Disputes Act, 1947 because he was excluded by sub clause (iii) of clause (s) of section 2, which excluded the person who was mainly working in the managerial or administrative capacity. It is submitted that the respondent himself in his reply before the Labour Court admitted that he was handling and dealing with other companies also and he was given one scooter with free fuel and therefore, he was discharging the duty of managerial nature.;