A RAM MOHAN Vs. LABOUR COURT BANGALORE

JUDGEMENT

(1.) The first writ petition is presented by an ex-employee of M/s. Wockhard Private Limited questioning the legality of the award of the Labour Court, Bangalore, declining to grant the relief of reinstatement and awarding only compensation in lieu of reinstatement. The two other petitions are presented by the management questioning the legality of the order on a preliminary issue holding that the employee was a "workman" as defined under the Industrial Disputes Act and also the final award directing the payment of compensation of Rs. 63,000 in addition to the amounts already received by the workman.

(2.) As the three petitions arise out of the common award made in the same reference, they are being disposed of by this common order.

(3.) The facts of the case, in brief, are as follows : The workman was appointed as a Professional Service Representative ('P.S.R.' for short) in the services of Messrs Workhard Private Limited on 5th January, 1972. He was entrusted with the work of promoting sales of pharmaceutical products of the company within the State of Karnataka. The nature of the duties of the employee was to meet the doctors and apprise them about the products of the company with a view to create market for the products of the company and to book orders from hospitals, doctors and medical shops. His service were terminated with effect from 24th January, 1982 (annexure B in W.P. Nos. 10541 and 10542 of 1987). By the same order, the provisions of Section 25-F of the Industrial Disputes Act were complied with, in that, the employee was paid one month's salary in lieu of notice and 15 days' salary for every completed year of service, that is for ten years of service which the employee had already put in. Thereafter, the employee raised an industrial dispute on the ground that the termination of his service was penal in nature and was not as all justified. The State Government referred the dispute raised by the employee for industrial adjudication under Section 10(1) of the Act by an order made on 21st November 1983. The points of dispute referred for adjudication were : "I. Are the management of Messrs Wockhard Private Limited, Bombay, justified in terminating the services of Sri A. Ram Mohan with effect form 23rd August 1982 ? II. If not, to what relief(s) the worker is entitled ?"