D S NAGARAJ Vs. LABOUR OFFICER KURNOOL

JUDGEMENT

(1.) The Judgment of the Bench was delivered by Venkateswara Rao, J.This appeal is directed against the order of our learned brother, Sambasiva Rao, J., dismissing W.P. No. 5650 of 1968 filed under Article 226 of the Constitution of India, seeking a writ of mandamus.

(2.) The appellant, who was in the service of Sandoz (India) Ltd., as medical representative for a period of 10 years, Was removed from the service whereupon he moved the Labour Officer to make a reference to the Tribunal claiming to be a workman within the meaning of section 2 (s) of the Industrial Disputes Act. The Labour Officer declined to make the reference on the ground that the appellant was not a workman and so he filed the writ petition out of which this appeal has arisen. The learned Judge agreed with the Labour Officer that the Appellant is not a workman within the meaning of section 2 (s) of the Industrial Disputes Act and that he was therefore right in declining to make the reference.

(3.) The term "workman" is defined in section 2 (s) of the Industrial Disputes Act to mean :