1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.2973 OF 2007. Sunil Vithhal Patil ... Petitioner. Versus Supreme Industries Ltd. ... Respondent. ... Mr.S.R.Patil, advocate for the petitioner. Mr.V.Y.Patil, advocate for the Respondent. ... CORAM : V.R.KINGAONKAR,J. Date : 24.06.2009. PER COURT 1. By this petition, the petitioner challenges the order rendered by the Industrial Court, Jalgaon, whereby the complaint filed by him came to be dismissed. 2. There is no dispute about the fact that the petitioner was working as Assistant Manager 2 with the Respondent No.1. His pay is approximately Rs.9,000/- (Rupees Nine thousand) p.m. His case was that he was required to work as ordinary workman, notwithstanding his position as Assistant Manager. The Industrial Court held that he does not satisfy the definition of expression "workman" as contemplated U/s 2(s) of the Industrial Disputes Act, 1947. 3. Having heard learned counsel for the parties and on consideration of the impugned judgment, it is manifest that the petitioner would not come within the definition of word "workman" inasmuch as not only because of his position as Assistant Manager but specifically in view of Section 2(s) which shows that one who, being employed in a supervisory capacity, draws wages exceeding one thousand six hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature can not be treated as workman. The monthly pay of the petitioner was obviously more than Rs.1,600/- (Rupees one thousand six 3 hundred) and, therefore, he is not entitled to claim exclusion. Hence, the petition is dismissed and liberty is granted to the petitioner to approach the appropriate forum as would be legally permissible. The delay if any may be considered by the appropriate forum for the purpose of condonation having regard to the time spent before the concerned Industrial Court. (V.R.KINGAONKAR,J.) asp/office/wp297307