JUDGMENT :

Sujata Manohar, J.—Second Respondent M.S. Phatate joined the service of the petitioner - The Premier Automobiles Ltd. in the year 1957 as a daily rated workman in the capacity of a Number Taker. In 1958 he was transferred to the Internal Audit department as a clerk. In 1974 he was transferred to the Traffic department as an intermediate clerk. While the 2nd respondent was working as an intermediate clerk in the Traffic department he claimed additional allowance on the ground that he had carried out duties as in charge of the Traffic department when the Officer-in-charge had gone on leave. This demand was not accepted by the petitioner.

2. On 1st August 1974 the 2nd respondent was promoted as a Supervisor in the Paint Shop of the petitioner by an order of promotion and transfer of that date (1.8.1974). The order stated that "effective today" (1.8.1974) he was promoted as Supervisor and transferred to Paint Shop. There is an office memo addressed to the 2nd respondent dated 3rd May 1978 by the Deputy Works Manager to the following effect:

".....you have to look after and be responsible for day to day production of Sound Deadlier and Wet Sanding Sections of Paint Shop in Firs