BALBIR SINGH Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) Balbir Singh petitioner ex-salesman of the Ladwa Co-operative Marketing-cum-Processing Society Ltd., Ladwa, Tehsil and District Kurukshetra was found guilty of misconduct and was dismissed from service by the Administrator vide his order D/- 21-6-1973. The petitioner sought a reference under S. 10, Industrial Disputes Act. 1947 (hereinafter referred to as the Act), which was dismissed by the respondent-State Government and a communication Annexure P. 1 was sent to him in that regard stating therein that a salesman does not fall within the definition of 'workman'. The petitioner has impugned this order of the State Government in this writ petition.

(2.) It is his case that a salesman is not assigned any duty under the Bye Laws. He performs such duties as are assigned to him either by the Managing Committee or by the Manager of the Society. The petitioner (herein) has produced two instances of the kind of duties assigned to him. The following duties were assigned to him by the Manager of the Society.

(3.) Another instance of the kind of duties that he was required to perform is said to contain in the order D/- 25-5-1971 of the Administrator which reads as under :