Judgment

S. N. VARIAVA, J.

( 1 ) THESE Appeals are against a judgment dated 6/03/1996. 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 25/05/1962. On 15/02/1973 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 17/01/1977 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 29/12/1986 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 25/07/1988 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 referred to the Industria