1. Petitioner aggrieved by the award dated 28-2-2011 in Reference NO. 5 of 2008 of the II Additional Labour Court, Bangalore, rejecting the reference has presented this petition.

2. Petitioner claiming to be an ex-serviceman, joined the services of the respondent-company on 3-11-2005 as a Security Co-ordinator pursuant to the appointment order dated 1-11-2005, on wages of Rs. 8,500/-p.m. alleging illegal termination with effect from 30-3-2007 initiated conciliation proceeding under the Industrial Disputes Act, 1947 (for short, ‘ID’ Act), which, when, ended in failure report, the State Government by order dated 9-1-2008 referred the Industrial Dispute to the II Additional Labour Court, Bangalore, for adjudication, whence it was registered as Ref. No. 5 of 2008. Parties having filed their respective pleadings, the Labour Court framed an additional issue over whether the petitioner was a workman as defined under the Act. Parties let in evidence whence petitioner was examined as W.W. 1 and five documents marked as Exs. W.1 to W.5, while for the respondent Management one Uday Shenoy, Executive (Human Resource) was examined as M.W.1 and Exs. M.1 to M.5 marked. The Labour Court