JOBI JOSEPH Vs. CADBURY INDIA LTD

JUDGEMENT

(1.) By this petition, fled under Article 227 of the Constitution of India, the Petitioner challenges the Order dtd. 1/4/2014 passed by the Labour Court, Mumbai in Complaint (ULP) No. 225 of 2012. By the impugned Order, the Labour Court has held that Petitioner is not an 'employee' within the meaning of Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (MRTU and PULP Act) and that therefore the Complaint fled by him challenging his termination is not maintainable. The Order of the Labour Court has been upheld by the Industrial Court by dismissing Revision Application (ULP) No. 96 of 2014 fled by Petitioner.

(2.) Cadbury India Ltd. (Cadbury) India's premier confectionery and sweet maker, which is also a global leader in manufacturing of chocolates, and other allied products has established wide distribution network in various parts of the country. It has appointed various Regional Distributors (RD). Such RDs, employ staf of their own for the purpose of marketing and supply of products of Cadbury to wholesalers and retail stores.

(3.) Petitioner joined the services of Cadbury on 17/6/2004 on the post of Sales Oficer and was confrmed in service on 1/4/2005. He was subsequently promoted to the post of Senior Sales Executive on 1/11/2011 and was drawing gross salary of Rs.58,891.00 per month at the relevant time.