THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE SANJAY KUMAR W.A.No.1800 of 2005 JUDGMENT (Per Sri Justice Ghulam Mohammed) The appellant filed this appeal against the order dated 28.07.2005, passed by the learned Single Judge of this Court in W.P.No.2780 of 1999. 2. The appellant, while working as Assistant Manager in the second respondent company, was terminated from service vide order dated 14.04.1979, on the ground that he failed to discharge the responsibility entrusted to him. Seeking to reinstate him into service, he filed I.D.No.707 of 1992 before the Labour Court-II, Hyderabad, which in turn dismissed the same holding that the appellant is not a workman as contemplated under Section 2(2) of the Industrial Disputes Act, 1947 (for short ‘the Act’) and he is not entitled to maintain the petition against the second respondent. Challenging the same, he filed W.P.No.2780 of 1999, which was also dismissed by the learned Single Judge of this Court vide order dated 28.07.2005, which is impugned herein. 3. Learned counsel for the appellant contended that the learned Single Judge has wrongly taken the view that the appellant was not a workman within the meaning of the Act. 4. The Labour Court based on the recitals in Exs.M2 to M11, found that the petitioner was working in managerial and administrative capacities in the second respondent company and as such he does not come under the definition of ‘workman’ under Section 2(s) of the Act and accordingly, dismissed the I.D., by order dated 12.10.1998. Through the order impugned, the learned Single Judge of this Court also confirmed the said finding. 5. Since the Labour Court as well as the learned Single Judge of this Court have concurrently held that the appellant does not come under the definition of ‘workman’ under Section 2(s) of the Act, we find no infirmity in the order impugned warranting interference by this Court. Accordingly, the Writ Appeal is dismissed. No costs. _____________________ GHULAM MOHAMMED, J __________________ SANJAY KUMAR, J Date:01.08.2011 sj