1 This letters patent appeal by the original non applicant is directed against the order passed by the learned Single Judge affirming the finding rendered by the Third Labour Court, Nagpur, in I.D.A. No. 20 of 1981 holding that the respondent No. 2 is a workman under S.2(s) of the Industrial Disputes Act.

2 The appellant is a manufacturer of modern drug products while the 2nd respondent is employed by it as a Medical Representative on a monthly salary of Rs. 1,150 by the letter of appointment dated 10th March, 1977. On 28th January, 1981, the 2nd respondent filed an application before the Labour Court, under S.33-C(2) of the Industrial Disputes Act, claiming bonus under the provisions of the Bonus Act for claiming the years 1977-78 to 1979-80 amounting to Rs. 2,250. The Labour Court held upon a preliminary issue raised by the appellant, by its order dated May 28, 1982, that the 2nd respondent was a worker within the meaning of S.2(s) of the Industrial Disputes Act and that finding was challenged by the appellant in Writ Petition No. 1525 of 1982 and this Court by its judgment delivered on September 29, 1982 remanded the matter for finding out, if necessary after recording fresh evid

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