JUDGMENT

V. RAMASWAMI, J.:—The appellant. who had been in the service of the respondent company as a Section Salesman was terminated from service on 12th July, 1973 on the ground that he was on an unauthorised absence since 13th January, 1973 and shall be deemed to have left the companys service of his own account. At the instance of the appellant the Government of Rajasthan referred to the Labour Court for adjudication the question whether the termination of the services of the appellant by the respondent company was legal and justified and if not to what relief he was entitled to. The Labour Court by its award dated 2-8-1978 held that the appellant was not a "workman" and that, therefore, the reference was incompetent. We may, however, state that the Labour Court has given findings in favour of the appellant on the question whether the termination itself was illegal.

2. The facts as found by the Labour Court for coming to the conclusion that the appellant was not a "workman" are these. The head office of the company is at Calcutta in West Bengal. The appellant was appointed as a section salesman and his services were controlled by the head office through its territory office situat