JUDGMENT - R.M. LODHA, J.:---The only question raised in the present writ petition and that needs consideration is: whether the petitioner John Joseph Khokar is a workman within the meaning of section 2(s) of the Industrial Disputes Act, 1947.

2. The said question arises from the facts which briefly stated are: The petitioner was appointed in the Mazgaon Dock Limited, a company registered under the Companies Act having its factory at Dockyard Road, Mazgaon, Bombay -- 2nd Respondent on 10th April, 1968 as Fitter-Weapon in the Weapon and Electronic Department. On 1-2-1970 he was promoted as Weapon Mechanic Grade II. He was then promoted as highly skilled employee on 1-6-72. Further promotion was accorded to the petitoner on 2-12-1975 in Special Marine Grade and thereafter as Mistry on 1-6-1976. The next promotional post from Mistry is Chargehand and Petitioner alleges that one post of Chargehand fell vacant on 1-4-86. On 19-11-87 Shri K.D. Lodh, the 3rd respondent was promoted on the post of chargehand w.e.f 1-12-86 though according to petitioner, the respondent No. 3 was much junior to him and was also promoted as Mistry much later than him. The Petitioner filed the complaint before

Click Here to Read the rest of this document