The nature of duties performed by an employee is crucial in determining workman status, regardless of the designation.

V. Kameswar Rao, J.:--

1. The challenge in this writ petition by M/s Aeroflot Russian Airlines is to the award dated May 26, 2010 passed by the Central Government Industrial Tribunal cum Labour Court II, Karkardooma Courts in I.D No. 28/2007 whereby the Tribunal has answered the reference in favour of the respondent No. 1 by holding the action of the petitioner in terminating/dismissing the services of the respondent No. 1 with effect from December 30, 2006 as unjustified and illegal with a further direction of his reinstatement in service with full back wages minus wages for three months, with continuity in service, to be paid within a period of one month from the date of publication of the award.

2. The industrial dispute was referred by the appropriate government for the adjudication of the Tribunal on the following terms:

“Whether the action of the management of Aeroflot, Russian International Airlines, New Delhi in dismissing the services of Sh.Rajinder Upadhayay, Traffic Assistant with effect from December 30, 2006 is justified and legal. If not, to what relief is the concerned workman entitled”

3. It was the case of the respondent No. 1 herein before the Tribunal that he being qualified and suiting the terms of the petitioner airlines besides passing the requisite tests and formalities was appointed as Traffic Assistant on probation for a period of 6 months from July 01, 1997. The petitioner executed a service contract with him incorporating therein the terms and conditions with which both the parties have been bound. Once such condition incorporated in the service contract between the parties was that the respondent No. 1 was to retire after attaining the age of 60 years. He successfully completed the probation period and was confirmed by the petitioner. His last drawn salary was Rs. 24,500/- p.m and his last tenure of service with the management was Dispatcher/Traffic Assistant as has been mentioned in the salary sheet. His employment being clerical in nature, he is covered within the definition of ‘workman’ as defined under Section 2(s) of the Industrial Disputes Act, 1947 (‘Act’ in short).

4. It was the case of the respondent No. 1 that there was discontentment amongst the employees due to unfair labour practices of the petitioner in the payment of increments, bonus, allowances and other facilities. He was deprived of medical facilities, insurances benefit, shift allowance, night allowances and authorized leaves etc. The union has been raising demands against the petitioner. The petitioner resorted to illegal and malicious means of pressurizing and coercing the employees to furnish fresh biodata with a view to make the regular employees as contract employees. The employees were threatened, to sign the contract of fixed terms of appointment. In fact, according to the respondent No. 1 the petitioner with mala fide intention of terminating his services forced him to sign a fresh contract of fixed terms of appointment of one year in the year 2002. The terms of appointment was extended on year to year basis till 2005-2006 due to the respondent No. 1’s excellent performance. However on December 30, 2006, all of sudden and without assigning any reason whatsoever the petitioner illegally and wrongfully terminated his services by not extending the fixed term service contract.

5. The claim was contested by the petitioner by challenging the very maintainability of the claim petition on the ground that the respondent No. 1 was not a ‘workman’. According to the petitioner the respondent No. 1 was employed in a managerial and administrative capacity with the petitioner and his salary was Rs. 24,500/- p.m. The petitioner would also state that the respondent No. 1 has never raised any dispute with regard to the said service contract. The petitioner had also pleaded that in terms of clause 25.2 of the contract after the reduction of scope of work and reorganization in Aeroflot the respondent No. 1’s services could be terminated by giving

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