JUDGMENT :

The petitioner states that it is a Trade Union representing the interest of the sales and marketing workers. The petitioner preferred Ext.P1 industrial dispute before the 1^st respondent-Regional Labour Commissioner, challenging the action of the 2^nd respondent-Management in transferring all workers who are members of the petitioner-Trade Union from Kozhikode to various distant parts of the Country.

2. The petitioner states that the 1^st respondent relying on the judgment passed by this Court in Lupin Limited v. G. Suresh and another [2007 (4) KLT 1092] closed Ext.P1 complaint noting that sales and marketing personnel were not workmen as defined under Section 2(s) of the Industrial Disputes Act, 1947. The said finding is in fact contrary to the dictum laid down by this Court in the said judgment. The petitioner, therefore, prays that Ext.P3 be set aside and the 1^st respondent be directed to consider Ext.P1 on merits and pass appropriate orders.

3. The petitioner would contend that the members of the petitioner-Trade Union though described as Sales Managers, they were not discharging the duties of Managers or Supervisors. They were ordinary sales promotion employees. Merely be