1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6510 OF 2009 Pearl & Company and anr. ..Petitioners. Vs. Mr.Devendra Kumar Vyas. ..Respondent. Mr.P.M.Palshikar for the Petitioners. Mr. Kishore Shetty for the Respondent. CORAM : R.S.MOHITE, J. DATE : 26TH NOVEMBER,2009 PC: 1 This is a petition filed by the employer impugning a judgment and award passed by the Presiding Officer, 7th Labour Court, Mumbai on 20.1.2009 in Reference (IDA) No.282 of 2006. By the impugned award, reference has been partly allowed and the respondent has been held to be a workman. He has been held to be entitled 75 per cent back wages with consequential benefits from 8.10.2004 till 61.1.2008 and to receive earned wages up to 7.10.2004. He is also held to be entitled to terminal benefits which may include legal dues and 2 gratuity. Only contention raised is that the respondent was wrongly held to be a workman since he was a person who had qualification to practice as a Ayurvedic Doctor . This matter is irrelevant as even if he had the requisite qualification to practice, the fact remains that he was not practising but was working with the petitioner. It is also contended that he was working in supervisory category. The evidence discloses that his work was pre-dominantly technical since he was mixing the raw material as per charts to produce the medicine. In this view of the matter, this contention cannot be dealt with in writ petition because it turns upon pure questions of fact. In the circumstances, petition is summarily rejected. (R.S.MOHITE, J.)