VINESH KUMAR MEHTA Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) BY means of the instant writ petition, the petitioner has challenged the legality and validity of the impugned award dated 11th October, 2001 passed by the Labour Court (I), U.P., Kanpur - respondent No. 1 respondent No. 1 in Adjudication Case No. 146 of 1994 by which the following reference with regard to termination of service has been answered by the Labour Court against the workman. .........[vernacular ommited text]...........

(2.) THE woodcut profile of the case of the petitioner before the Labour Court in his written statement was that the petitioner was appointed as Medical Representative by Ms. Franco -Indian Pharmaceuticals Ltd - respondent No. 2 in its Branch Office at C - 11, Site -1, Panki Industrial Area, Kanpur on 15th March. He was promoted as Area Manager w.e.f. 1st August, 1988 without any change in his terms of appointment of service. It is alleged by be the petitioner that he was working under direct control and supervision of one Mr. V.N. Kapoor, Regional Sales Manager who was trying to implicate him in false cases ever since 1977 and was pressurizing him to resign. The petitioner further alleges that he also had complained against Mr. Kapoor, from time to time, to higher authorities and was called to Mumbai office on 23rd May, 1990 at the instance of Sri V.N. Kapoor in some alleged enquiry who was found guilty and was given an opportunity to improve his conduct. It is also alleged that thereafter the petitioner was again summoned to Mumbai on 30th April, 1992 and was asked to submit his resignation but he declined. He then received letter dated 16th May, 1992 informing him that his services stood terminated w.e.f. 30th April, 1992. He pleaded that his termination was illegal, null and void as it was brought about in violation of Sections6 -I, 6 -N, 6 -P and -6 -Q of the U.P. Industrial Disputes Act, 1947.

(3.) THE employers also asserted that the petitioner was performing the duties of Area Manager and not that of a Medical Representative and was supervising the work of Medical Representatives working under him. The nature of duties, according to the employers' written statement, was to promote the sales of the company which has appointed and placed medical representatives all over India and to control and supervise the work of 'Medical Representative' who discharged their duties. The broad functions of Area Manager were as under: -