NESTLE INDIA LIMITED Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) In this Civil Writ Petition as well as in Civil Writ Petition Nos. 4629 and 4630 of 1999, common questions of fact and law are involved. Therefore, all the three Civil Writ Petitions are being disposed of by this common judgment. However, facts have been extracted from Civil Writ Petition No. 4628 of 1999.

(2.) The petitioner company has prayed for issuance of a writ in the nature of Certiorari for quashing award dated June 19, 1998, copy Annexure P13.

(3.) The petitioner-Company has averred that it is manufacturing food products and milk is one of the important raw materials which is purchased from the farmers rearing milch cattle. Since there are large number of fanners from whom milk is to be collected and they are scattered in the villages surrounding the factory, the petitioner engages Agents for this purpose and enters into agreement/contract with each one of them in different areas from where the milk is to be collected. These Agents are paid commission for collecting milk and the amount payable is based on the quantity and quality of milk. These Agents continue to pursue their other business/occupation even during the period they hold agency for the collection of milk. This collection of milk can be done by the Agent himself or through anybody appointed by him and further the Agents after collecting milk from fixed points pass on the milk to the factory of the Company. For these services, the Agents are paid commission. There is no relationship of employer-employee or master-servant between the petitioner-company and the Agents. A copy of the specimen agreement has been attached as Annexure P1. Some of the relevant terms of the agreement are reproduced hereunder: