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ALOK MATHUR
Win Medicare Pvt. Ltd. New Delhi Thru. Auth. Signatory Kapil Kumar Malhotra – Appellant
Versus
Late Shri Surendra Pal Singh(Since Deceased) Thru. His Wife Smt. Surjeet Kaur – Respondent
JUDGMENT :
Alok Mathur, J.
1. Heard Sri Jeetesh Pandey, learned counsel for the petitioner, learned Standing counsel for respondent No.2 and 3 and Sri Amar Nath Tripathi for respondent No.1-workman.
2. The grievance raised by the petitioner in the present writ petition is against the award dated 28.11.2021 passed by Presiding Officer, Labour Court, Lucknow whereby he has allowed the claim of respondent No.1 and has held him to be in continuous service from 28.12.2003 on which date his services were illegally terminated and also directed to pay compensation of Rs.3 lakhs to respondent No.1 and also back wages from the date of his termination i.e. 28.12.2003 till the date of his death i.e. 22.1.2020 at the rate of 50 percent of his salary.
3. It has been submitted by learned counsel for the petitioner that the petitioner is a company incorporated under the Companies Act, 1956 and is involved in the business of manufacturing, marketing and distribution of pharmaceutical drugs in India. It has also been stated that they had engaged the services of respondent No.1 as a medical representative by means of appointment order dated 16.10.1990, initially on probation and subsequently his services
The Labour Court has jurisdiction to adjudicate disputes involving sales promotion employees, and termination without a proper inquiry is deemed illegal.
Sales Promotion Employees may qualify as Workmen under the Industrial Disputes Act if specified by the Sales Promotion Employees Act; wrongful termination without due process is illegal.
Sales Promotion Employees may qualify as Workmen under the Industrial Disputes Act if specified by the Sales Promotion Employees Act; wrongful termination without due process is illegal.
The main legal point established in the judgment is that medical representatives are considered 'workmen' under the Industrial Disputes Act, 1947 and the Sales Promotion Employees (Conditions of Serv....
The main legal point established in the judgment is the requirement to prove the contents of documents by primary evidence or secondary evidence under Sections 61 and 65 of the Evidence Act.
The burden of proving the employer-employee relationship lies on the workman, and the court cannot interfere with the Labour Court's findings unless they are perverse or based on no evidence.
The main legal point established in the judgment is the importance of following the proper procedure, particularly the retrenchment procedure as per Section 25N of the Industrial Disputes Act, 1947, ....
The court emphasized that an employee must establish their status as a 'workman' under the Industrial Disputes Act, and failure to provide cogent evidence can justify dismissal without a departmental....
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