A.R. Lakshmanan ag. CJ.

The question for consideration in this appeal is whether the appellant/ petitioner, who has voluntarily retired from service and who has accepted the benefits of the voluntary retirement, can be treated as a workman as defined in S.2(s) of the Industrial Disputes Act, 1947. We heard Mr. R. Pushpangadan Pillai for the appellant and Mr. Antony Dominic for the respondent.

2. The appellant filed the present Original Petition to call for the records leading upto Ext. P3 and for a mandamus directing the first respondent District Labour Officer, Ernakulam to re-consider the matter and to refer the case to the Government for further necessary action in the matter, or initiate conciliation proceedings as per law. The further prayer is for a declaration that the appellant is a workman under the provisions of law and hence entitled to be dealt with accordingly.

3. The case of the appellant in short is that he took voluntary retirement from the service of respondents 2 and 3 with effect from 21.1.1997 and that the 3rd respondent has also issued Ext. P1 accepting there signation. It is submitted that the appellant joined the company as an unskilled worker on 1.8