CHANDRASEKHARASHARMA Vs. C KRISHNAIAH CHETTY

JUDGEMENT

(1.) Petitioner is calling in question the award dated 26.05.2006 made in reference No.38/99 by second Additional Labour Court, Bangalore, (Annexure-Q) and seeks for declaration that petitioner is entitled for the relief of reinstatement and consequential benefits. Heard Sri. Narayan Bhat, learned Counsel appearing for petitioner and Sri. S.N. Murthy, learned senior counsel appearing for respondent. Perused the impugned order as also the Annexures appended to the petition.

(2.) Petitioner was appointed in the respondent company as a counter salesman in the year 1995 and was asked to undergo training and said period of training was extended from time to time upto 19.03.1996 and thereafter with effect from 20.03.1996 it was converted as probationary period upto 19.09.1996 and it was extended from time to time till 19.09.1998 and salary was also increased from time to time. Petitioner was informed by respondent that his probationary services are no longer required with effect from the close of 8th September, 1998 and petitioner was paid a sum of AS DEFINED IN 1947 ACT AS DEFINED UNDER 1956 ACT AS DEFINED UNDER 1982 ACT "[s] "workman" means any person employed (including an apprentice) in any industry or unskilled manual or clerical work for hire or reward and includes, for the purposes of any proceeding under this Act in relation to an industrial dispute, a workman is charged during that dispute, but does not include any person employed in the naval, military, or air service of the Crown." "[s] "workman" means any person (including an apprentice) employed in any industry to do any skilled or unskilled manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this Act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in "[s] "workman" means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this Act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in   connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person." (i) who is subject to Army Act, 1950, or the Airforce Act, 1950 or the Navy (Discipline) Act, 1934; Or (ii) who is employed in the police service or as an officer or other employee of a prison; (iii) who is employed mainly in a managerial or administrative capacity; connection with, or as a consequence of, that dispute, or whose dismissal, discharge, or retrenchment has led to that dispute, but does not include any such person- (i) who is subject to the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957); or (ii) who is employed in the Police service or as an officer or other employee of a Prison; or (iii) who is employed mainly in a managerial or administrative capacity: or (iv) who, being employed in a supervisory capacity, draws wages exceeding one thousand sic hundred rupees   or (iv) who being employed in a supervisory capacity, draws wages exceeding Five hundred per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions, mainly of a managerial nature. exercise, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature."