NOVARTIS INDIA LIMITED Vs. VIPIN SHRIVASTAVA & OTHERS

JUDGEMENT

(1.) The challenge in the present intra-court appeal is to an order passed by the learned Single Bench on 20.12.2016 in Writ Petition No.6862/2016 (Novartis India Ltd. v. Vipin Shrivastava and Others) wherein challenge made by the appellant to the Award and other orders passed by the Labour Court remained unsuccessful.

(2.) Though, before the learned Single Bench inter-alia challenge to the Award was also on the ground that it is an ex parte award but in view of undisputed documents on record, mostly produced by the workman himself, we need not go into the question as to whether the award is an ex parte Award or not but the only question required to be examined is: as to whether the Medical Representative employed with the appellant w.e.f. 01.12004 is a "workman" within the meaning of Section 2(s) of the Industrial Disputes Act, 1947 (for short "the ID Act") competent to raise a dispute before the Labour Court.

(3.) The brief facts borne out from the record are that the respondent was appointed as Medical Representative w.e.f. 01.12.2004 but his services were terminated on 21.12.2013 without conducting any inquiry or issuing notice. The respondent raised an industrial dispute challenging the termination of his services whereas, the appellant submitted that the respondent is a Salesman engaged in the promotion of sales, who is not a workman, therefore, the Labour Court has no jurisdiction in the matter.