M. VENKATASUBRAMANIAM Vs. PRESIDING OFFICER, LABOUR COURT

JUDGEMENT

(1.) This Writ Petition is filed challenging the award of the Labour Court, Vellore, dtd. 11/3/2004 made in I.D. No.150 of 2000. By the said award, the Claim Petition filed by the Petitioner has been rejected by holding that he is not a Workman, within the meaning of Sec. 2(s) of the Industrial Disputes Act, 1947 (In short referred to as 'the Act').

(2.) The Workman's case is that he worked under the Management as a Sales Representative for 12 years. In the year 1999, he was receiving a Monthly Salary of Rs.6,955..00 On 15/7/1999, he was issued a notice of termination and one Month's Wages through a demand draft. The Workman appealed to the Management on 30/7/1999, for which there was no response. Therefore, he raised a dispute. Conciliation failed. Thereafter, he filed the present Claim Petition under Sec. 2-A(2) of the Act, which was taken on file as I.D. No.150

(3.) The case of the Management is that the Petitioner joined the service on 7/7/1986 as a Trainee Medical Representative and thereafter, with effect from 1/8/1987, he was confirmed as Junior Sales Representative. However, the Petitioner's service was not up to the satisfaction of his superiors. The Petitioner claiming as an office bearer of the Respondent-Management went to the residence of one S. Venkatesan, who was working for another Company M/s. FDC Limited, along with the other members of Tamil Nadu Medical Representatives Association, gheraoed, threatened and abused him with filthy language, for which a Police Complaint was also lodged by the said individual. The Petitioner being a Medical Representative is also representing the Management. Therefore, considering the above charge and considering the reputation of the Management, the Petitioner's services were terminated on 15/7/1999. Even after termination, the Petitioner was called by the Management that they would consider employing him as a fresh Candidate if he gave an undertaking that he would not indulge in acts that would lower the dignity of the profession and the reputation of the Management. The Petitioner did not come forward, to give such an undertaking.