2001 LAB. I. C. 2158 ::(2001) 2 WLC (RAJ) 220 ::2001 LabLR 854 ::(2001) 2 CurLR 655 ::(2001) 90 FacLR 257 ::(2001) 2 LabLJ 559 ::(2001) 1 Raj LR 718 ::(2001) 2 Raj LW 934 ::(2001) 4 ServLR 419 ::(2002) 1 SCT 164

Rajasthan High Court

Hon'ble Judge(s): Rajesh Balia, P.c. Tatia , JJ

(A) Industrial Disputes Act (14 of 1947) , S.2(s)— Workman - Medical representative - Is 'workman' without limitation on salary which he draws, in view of amendments made in Sales Promotion Employees (Condition of Services) Act 1976 and I.D. Act (1947) Sales Promotion Employees (Condition of Service) Act (11 of 1976) , S.6— (as amended by Act 43 of 1986) The definition of workman as it stood under S.2 (s) of the Industrial Disputes Act only an employee discharging the duties of a skilled and technical nature and unskilled employees and duties of unskilled nature were included in the definition of workman. A medical representative was held neither a skilled nor a technical employment and, therefore, on the anvil of the definition of workman given in S.2 (s) read with provisions of the SPE Act as it stood then held the same not falling within the definition of the workman. S.6 of the Sales Promotion and Employees Condition of Service Act, 1976 made the provisions of Industrial Disputes Act, 1947 as in force for the time being applicable to the medical representatives by Act No.48 of 1986 w.e.f. 6-5-1987. With inclusion of category of workman employed to different operational work in S.2 (s) and any commission payable on the promotion of the sales or business or both in definition of wages under S.2(rr) made the medical representatives as workmen....