The learned advocate for the petitioner has moved a draft amendment. The same is granted and may be carried out, within a period of two days.
Heard Mr.S.P.Majmudar, learned advocate for the petitioner. It is submitted that respondent No.1 was working in a Managerial Cadre, and was not a workman, therefore, the reference filed by him was not maintainable. It is further submitted that in the impugned judgment of the Labour Court, there is no finding on this issue. However, in the impugned judgment of the Industrial Tribunal, there is a finding that respondent No.1 is a workman, that is belied by the correct position of law.
In support of this submission, reliance has been placed upon S.K.Maini Vs. Carona Sahu Company Limited and others reported in AIR 1994 Supreme Court 1824.
The learned advocate for the petitioner does not press for interim relief.
RULE.
(Smt.
Abhilasha Kumari, J.) Gaurav+ Top