D.G.R. Patnaik, J.- Heard Shri Rajiv Ranjan, learned counsel for the petitioner and Shri V.P. Singh, learned Senior Counsel for the respondent no. 2. Challenge in this writ application is to the Award dated. 12.6.1995 (Annexure-3), passed by the Presiding Officer, labour Court, Bokaro in M.J. Case No. 5/1.991, whereby the claim made by the respondent no. 2 under Section 33C(2) of the Industrial Disputes Act, 1947, has been allowed in his favour and against the petitioner-SAIL.

2. The case before the Labour Court filed by the respondent no. 2 under Section 33C(2) of the to. Act, against the petitioner/SAIL, BSL, was for computation of money/benefits due on account of nonpayment of construction allowance/personal pay, with effect from 30.11.1970 and for payment of the amount which was deducted from his wages, and also for payment of promotional benefits, details whereof has been stated in Annexures-A, Band C to the claim application.

3. The claim, as advanced by the respondent no. 2, was on the following grounds:-

He was appointed under the respondent-SAIL in the Bokaro Steel Plant as Construction Supervisor on 14.6.1969. As per the terms of his employment, he was paid construction allowance/personal pay. When payment of such allowance was withheld by the Management, an Industrial Dispute was raised through the Union. The dispute was referred for adjudication before the Labour Court vide Reference Case No. 39 of 1972. The Award dated 30.9.1985 was rendered by the Labour Court in favour of the respondent no. 2. Pursuant to the Award, the Management brought out an office order dated 22/23.9.1986 fixing payment of construction allowance to him. Being not satisfied with the amount paid to him, the respondent no. 2 filed a representation before the Management claiming that the amount of construction allowance/personal pay as paid to him, was less than what was actually due. In response, respondents/Management by issuing another office order dated 31.3.1988/ 14.4.1988 reduced his basic wages as on 1.9.1974 from Rs. 595/. to Rs. 574/- and upon such reduction, the management deducted a sum of Rs. 6,271.21 from his wages in four installments. Furthermore, he was superceded by his junior Sri L.N. Ojha who was promoted to the post of Assistant Planning Engineer on 21.10.1976 and further promotion to the post of Planning Engineer (Construction) on 30.8.1980 and later to the post of Dy. Manager on 30.6.1987. Being aggrieved, the respondent no. 2 filed a writ petition before this court vide CWJC No. 1380 of 1982(R). Two other employees namely, Surendra Singh and Dr. Deepak Kumar Das had also filed two separate writ petitions vide CWJC No. 1379 of 1982(R) and 1966 of 1987(R) respectively. While disposing of the writ applications, this court had directed that the respondent no. 2 be placed above Sri L.N. Ojha in seniority. Pursuant to the order passed by the High Court in the aforesaid writ applications, the respondent no. 2 filed his representation before the Management, claiming payment of the difference of amount by granting him promotion from the date when it fell due. When his representation was not acceded, he filed his claim under Section 33C(2) of the I.D. Act before the Labour Court, claiming construction allowance of Rs. 15,000/- with effect from 30.11.1970, refund of the wages which were deducted from his salary amounting to Rs. 6,271.21 and promotional benefits of Rs. 44,100/- together with interest at the rate of 6% per annum besides, payment of compensation under the provisions of payment of wages Act, for withholding the payment of his dues.

4. The petitioner/Management contested the claim of the respondent no. 2 before the Labour Court on the following grounds:-

1. That the respondent no. 2 was not a 'Workman' under Section 2(s) of the Industrial Disputes Act, 1947, since at the time of filing of his application, he was holding the post of Assistant Superintendent in the Network Planning Department under the Project D