K. Sukumaran, J.

1."Is the Secretary of Pallasana Service Cooperative Bank Ltd., an 'employee' as defined in the Kerala Payment of Subsistence Allowance Act, 1972 (Act 27 of 1973)?" -is the question which arises for decision in the two writ petitions-O. P. Nos. 1898 of 1978 and 1454 of 1979.

The term is defined in S.2(a) of the Act as follows:

" 'employee' means any person employed in or in connection with the work of any establishment to do skilled, semiskilled or unskilled manual, supervisory, technical, clerical or any other kind of work for hire or reward, whether the terms of employment be express or implied, but does not include any such person who is employed mainly in a managerial or an administrative capacity or as an outworker, that is to say, a person to whom any articles or materials are given out by on behalf of the employer to be cleaned, washed, altered, ornamented or repaired by such out-worker in any place not under the control and management of the employer."

(emphasis supplied)

2. The contention of the petitioner is that the Secretary is employed mainly in a managerial or administrative capacity and as such excluded from, the category of 'employee' as defined