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1994 Supreme(SC) 287

YOGESHWAR DAYAL, KULDIP SINGH
O. M. Bhargava – Appellant
Versus
Satyavati Bhargava – Respondent


Advocates:
A.K.Sanghi, A.S.BHASME, AMBRISH KUMAR, ARVIND SHARMA, B.N.AGRAWAL, C.V.SUBBA RAO, D.N.Mishra, G.B.PAI, GUNVANT DARA, GUNWANT DARA, H.S.PARIHAR, J.P.CAMA, JITENDRA SHARMA, KULDIP PARIHAR, M.C.DHINGRA, MIRA MATHUR, Mukul Mudgal, N.N.GOSWAMY, N.SUDHAKARAN, P.Gaur, P.GEORGE WILLIAMS, P.H.Parekh, P.K.PALLI, P.K.RELE, P.PARMESHVARAN, P.S.POTI, PRASANTHI PRASAD, R.F.NARIMAN, ROHIT PURI, T.C.SHARMA, URMILA SIRUR, V.C.MAHAJAN

ORDER

The question for consideration in Civil Appeal No. 242 of 1990 and connected matters is whether the Medical Representatives working in various pharmaceutical firms are workmen as defined under Section 2(s) of the Industrial Disputes Act, 1947 (the Act). We have been taken through two judgments of this Court in Burmah Shell Oil Storage and Distribution Co. of India v. Burmah Shell Management Staff Association{(1970) 3 SCC 378} and S.K. Verma v. Mahesh Chandra{(1983) 4 SCC 214}. The later three-Judge Bench has not noticed the earlier judgment which is also by three-Judge Bench. Apparently the view taken by the two Benches on the interpretation of Section 2(s) of the Act is contradictory. We are of the view that it would be in the interest of justice that these matters be heard by a larger Bench. The papers be placed before Honble the Chief Justice of India for his kind consideration as to whether it would be appropriate to constitute a three-Judge Bench or five-Judge Bench to hear those matters.

Court Master

For Citation : (1994) 4 SCC 662

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