JUDGMENT :

M.L. PENDSE, J.

1. Respondent no. 1 joined the services of appellant - Reserve Bank of India in year 1966 in the capacity of a clerk. The Reserve Bank is running a hostel for training of the officers from year 1961 onwards and hostel supervisor is selected from the category of clerks. In year 1978, respondent no. had applied for the post of hostel supervisor and was interviewed and selected. Respondent no. 1 joined the duties of hostel supervisor on June 15, 1982 and was reverted back to the cadre of clerks on August 4, 1984. It is not in dispute that the post of hostel supervisor is an ex-cadre post and the appointee does not cease to be a member of the parent cadre. The union representing the employees of the Reserve Bank sought a reference u/s 10(1)(d) of the Industrial Disputes Act, 1947 and the Central Government, by order dated October 7, 1986, referred the following dispute for adjudication to the Central Industrial Tribunal:

"Whether the action of the management of Reserve Bank of India in relation to its Bankers Training College at Bombay is not classifying the Hostel Supervisor as 'Workman' under the provision of the Industrial Disputes Act, 1947 considering the n