R. A. SHARMA, J, J.

( 1 ) THE workman, respondent No. 3, who was employed in February, 1972, as a Junior Clerk in the petitioners mill raised a dispute about his designation and pay which was referred by the government to the Labour Court I, Kanpur. The Labour Court has given the award in favour of the workman and has directed thereby for giving designation and pay of Travelling Salesman to the workman. It is against this Award that the petitioner has filled this writ petition.

( 2 ) LEARNED Counsel for the petitioner has argued that by the impugned Award Labour Court has promoted the workman, which is managerial function and as such the award of the Labour Court is without jurisdiction. In this connection the learned counsel has relied upon two decisions of the Honble Supreme Court in Management of Brook Bond India Ltd. v. Their Workman = 1966 (1) LLJ 402 and Hindustan Lever v. Their Workmen. 1974 I LLJ 94. In support of his argument the learned counsel has invited my attention to the Channel of promotion and in connection therewith has also referred to some agreement. This plea was taken before the Labour Court also, but was rejected on the ground that no documentary evidence, in

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