RAMASHISH KUMAR Vs. CHAIRMAN, LUPIN LTD. AND ORS.

JUDGEMENT

(1.) Heard Sri Sudhir Kumar, learned counsel for the petitioner, learned AC to AAG-8 and Sri Alok Kumar Sinha, learned counsel, who has appeared on behalf of Respondent nos. 4 to 7.

(2.) The petitioner, invoking writ jurisdiction of this Court under Article 226 of the Constitution of India, has prayed for quashing of an order/ Award dated 12.02.2014 passed by the Presiding Officer, Labour Court, Purnea in Reference Case no.02/2013 (Annexure-7 to the writ petition). By the said order, Reference case was rejected on the preliminary objection raised by the Management that the petitioner being a Medical Representative was not a workman within the meaning of Section 2(S) of the Industrial Dispute Act. It has further been prayed that after setting aside the impugned order/award, the matter may be remitted back for deciding reference case on its merit.

(3.) Short fact of the case is that a reference was made under clause ( c) of sub section 2 (A) of Section 10 of the Industrial Dispute Act, 1947 by way of issuance of Notification dated 19.07.2013 by the Government of Bihar to decide "Whether termination of Sri Ramashish Kumar by Management, Lupin Limitedduring the conciliation proceeding was justified If not, what relief Sri Kumar was entitled to?"