JUDGMENT

Y.K. Sabharwal, J.-Respondent No. 3 was working as a Medical Representative with the appellant. By an order dated 11th March, 1986 issued by the Regional Sales Manager of the appellant, respondent No. 3 was transferred from Aligarh to Kanpur. Respondent No. 3, however, did not join the duties at Kanpur despite grant of various opportunities. Thus, a charge-sheet dated 13th October, 1986 was issued to respondent No. 3. An enquiry was held. Respondent No. 3 did not participate in the enquiry. The enquiry officer found the charges proved. By order dated 24th June, 1987 passed by the appellant, respondent No. 3 was dismissed from service.

2. An industrial dispute was raised by respondent No. 3. The State Government referred the dispute for adjudication of the Labour Court to determine whether the termination of respondent No. 3 was correct and legal and if not to what relief the workman was entitled to. The Labour Court by order dated 22nd September, 1993 came to the conclusion that respondent No. 3 was a Sales Promotion Employee as per the Sales Promotion Employees (Conditions of Service) Act, 1976 and as per Section 2(s) of the Industrial Disputes Act, 1947, he comes under the