H.R. Adyanthaya and Others vs Sandoz (India) Limited and Others

In view of the conflict between three three-judge Bench decisions of this Court in Management of May and Baker (India) Ltd. Vs. Their Workmen, , Western India Match Co. Ltd. Vs. Their Workmen, and Burmah Shell Oil Storage and Distribution Company of India Ltd. Vs. The Burma Shell Management Staff Association and Others, on the one hand and later three judge Bench decisions in S.K. Verma Vs. Mahesh Chandra and Another, , Ved Prakash Gupta Vs. Delton Cable India (P) Ltd., and Arkal Govind Raj Rao v. Ciba Geigy of India Ltd., Bombay (1985) Supp. 1 SCR 282 on the other, on the interpretation of Section 2(s) of the Industrial Disputes Act, 1947 and consequently the status of the medical/sales representatives prior to 6th March, 1976 when the Sales Promotion Employees (Conditions of Service) Act, 1976 was brought into force and also prior to 21st August, 1984 when the definition of "workman" under the Section 2(s) of the Industrial Disputes Act was amended, we are of the view that propriety demands that the matter be heard by a larger Bench. We, therefore, refer the matter to a five-judge Bench to be constituted by the learned Chief Justice of India for the purpose. These papers be placed before the learned Chief Justice for constituting the Bench.