VIMAL Vs. ABBOTT HEALTHCARE PVT. LTD

JUDGEMENT

(1.) This Writ Appeal under Sec. 2(1) of Madhya Pradesh Uchch Nyayalya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 has been preferred by the Petitioner/Appellant against the Order, dtd. 4/3/2020 passed in Writ Petition No.10001 of 2019 by the learned Single Judge, whereby his challenge to the Award, dtd. 28/3/2019 passed by the Labour Court had been dismissed.

(2.) As per the Appellant, he was appointed as a Key Account Manager by the Respondents and was working as sales promotion Employee with it. The Respondent-Company is engaged in sale of medicines and providing health care services. The services of the Appellant were terminated by Order, dtd. 22/4/2017. On an application being made, the Labour Commissioner, Indore made a reference to the Labour Court as regards the validity and legality of termination order of the Appellant. The Appellant filed his claim before the Labour Court submitting that he had worked on different posts; such as Marketing Executive, Sr. Marketing Executive, Deputy RBM and Key Account Manager but his basic work was of a Medical Representative and his initial appointment was in the year 2008 hence he was covered within the meaning of Workmen as defined under Sec. 2(s) of the Industrial Disputes Act, 1947 (the Act, 1947) and under the Sales Promotion Employees (Conditions of Service) Act, 1976 (the Act, 1976). The Appellant also submitted that his services have been terminated by adopting Unfair Labour Practice, without conducting any enquiry and without giving him any retrenchment Compensation.

(3.) The Respondents had filed the reply and had submitted that the Appellant was an Employee in the managerial capacity and his main work was of management and administration, he having the power to spend up to Rs.5,000.00 per month, hence he did not fall within the meaning of Workmen under Sec. 2(s) of the Act, 1947 hence his services were terminated by following the due procedure.