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Judgment
The writ petition is taken up with the consent of parties.
The Supreme Court in the case of H.R. Adyanthaya Vs. Sandoz (India) Ltd., etc. etc., , at para 29 has held as follows:
"Section 6 of that Act made the Workmen''s Compensation Act, 1923, Industrial Disputes Act, 1947 (the ID Act), Minimum Wages Act, 1948, Maternity Benefit Act, 1961, Payment of Bonus Act, 1965 and Payment of Gratuity Act, 1972, applicable forthwith to the medical representatives. Sub-section (2) of the said section while making the provisions of the ID Act, as in force for the time being, applicable to the medical representatives stated as follows:
''(2) The provisions of the Industrial Disputes Act, 1947 (14 of 1947), as in force for the time being, shall to, or in relation to, sales promotion employees as they apply to, or in relation to, workmen within the meaning of that Act and for the purposes of any proceeding under that Act in relation to an industrial dispute, a sales promotion employee shall be deemed to include a sales promotion employee who has been dismissed, discharged or retrenched in connection with or as a consequence of, that dispute or whose dismissal, discharge or retrenchment had led to that dispute'' ".
Following the observation of the Supreme Court, the people who come under the category of sales promotion employees are at liberty to move the Labour Court under the Industrial Disputes Act.
The impugned award is set aside. The matter is remitted to the Labour Court for fresh disposal in accordance with law, after giving an opportunity to the parties.
The writ petition is disposed of accordingly.