ORDER

The present writ petition under Article 226 of the Constitution of India is preferred against the reference order dated 01.08.2017 passed by respondent No.2 in file No.77/7/III/2017/28144-50, whereby respondent No.2 has referred an industrial dispute for adjudication to the Labour Court No.1, Gwalior, whereas at the time of termination, the respondent No.4 was working as Regional Business Manager at Indore and was not covered under the definition of 'workman' and looking to the admitted facts, respondent No.4 since did not fall within the category of workman as defined in the Industrial Disputes Act, hence, the respondent No.2 was having no jurisdiction to refer the dispute for adjudication to the Labour Court and the learned Labour Court, Gwalior was having no jurisdiction to adjudicate the present reference.

2. The facts relating to the controversy are that the petitioner Company is a pharmaceutical industry and is engaged in manufacturing and sales of the medicines. The respondent no.4 was appointed as Regional Business Manager at Indore by the petitioner vide appointment letter dated 10.04.2014. Since respondent No.4 committed certain gross misconduct, therefore, his services were terminated vide letter dated 28.01.2016. Thereupon, respondent No.4 raised Industrial Dispute against his termination by filing an application under Section 2(A) and 10 of Industrial Disputes Act before Assistant Labour Commissioner cum Conciliation Officer, Gwalior wherein he clearly stated in Para 2 of the application that though he was appointed as Regional Business Manager but infact he was working as Sales Promotion Employee. The petitioner filed reply on 24.08.2016 to the application filed by the respondent No.4 wherein it was stated that looking to the admissions of the respondent No.4 that though he was posted as Regional Business Manager but he was working as Medical Sales Representative (Sales Promotion Employee), hence he had no right to raise the Industrial Dispute, therefore, his application be rejected forthwith.

3. Despite the said legal and jurisdictional objections, the respondent no. 2 & 3 had referred the dispute to the Labour Court no. 1 Gwalior for adjudication vide reference order dated 01.08.2017 and in pursuance thereof the respondent no. 4 filed statement of claim under section 2(A) and 10 of the Industrial Disputes Act before the Labour Court no.1, Gwalior and alleged therein that he was working since 10.03.2014 as Regional Business Manager with the petitioner at Indore as his Head Quarter, but infact he was working as Sales Promotion Employee nomenclatured as Regional Business Manger and his services were illegally terminated so he be reinstated with back-wages. The petitioner had filed reply of the Statement of Claim before the Labour Court and had stated that looking to his admissions, he does not fall within the category of workman, hence, the reference made by Respondent no. 2 & 3 is bad in law and the Labour Court has no jurisdiction to entertain the statement of claim filed by the respondent no. 4. Thus, assailing the order of reference, the present petition has been filed.

4. Learned Senior Counsel Shri N.K. Gupta alongwith Shri Y.P.S. Rathore, learned counsel for petitioner submitted that the order of reference Annexure P/1 is against the settled principles of law and is suffering from gross illegality, hence, deserve to be quashed.

5. It was further submitted that when the Respondent no. 4 himself has stated in his application preferred before Labour Court while raising Industrial dispute that he was appointed by the petitioner as Regional Business Manager since 10.03.2014 and on the said position, he was required to promote the Sales of the company's products for which he was required to meet with various doctors and medical stores, merchants and also various clients which impliedly shows that he was not workin