JUDGMENT

S.N. Variava, J.-These Appeals are against a judgment dated 6th March, 1996. The parties will be referred to in the capacity in Civil Appeal No. 410 of 1997.

2. Briefly stated the facts are as follows :

The Appellant is the Union who is representing the cause of a workman by name Nagarajan. The said Nagarajan was appointed as a Trainee Chemist in the Respondent Company on 25th May, 1962. On 15th February, 1973 Nagarajan and others were appointed as Junior Management Assistants on a consolidated pay. They were then put on a service contract for 5 years. On 17th January, 1977 Nagarajan was transferred as Technical Representative to Chennai.

3. In 1986 the Junior Management Assistants raised a dispute which was referred to the Industrial Tribunal. By an Award dated 29th December, 1986 it was held that the Junior Management Assistants were workmen under the Industrial Disputes Act. It was, however, held that the Sales Representative would not be a workman.

4. On 25th July, 1988 Nagarajan was transferred as a Sales Representative. The said Nagarajan refused to accept the transfer and raised an industrial dispute challenging his transfer to a non-workman category. This dispute was re