Gopal Sri Ram JCA:

The sole question at issue in this appeal is whether the Industrial Court exceeded its jurisdiction in holding the respondents to be workmen within the Industrial Relations Act 1967 ("the Act"). The background against which that question arises is as follows.

The appellant is a company whose business is life insurance. The respondents were engaged by the appellant in two capacities; as agents and as agency leaders. In the former capacity, the respondents sold policies issued by the appellant to members of the public desirous of having their lives insured. They derived a commission from the appellant for such sales on a prescribed scale. In the latter capacity, the respondents had divers duties according to the particular designation each held. The designations were "Agency Supervisor", "Agency Manager", "District Manager", "Manager" and "Senior Manager". The duties of the respondents as agency leaders included the recruitment, training and supervision of agents who were in the business of selling the appellant's policies. In the performance of these duties, the respondents were under the appellant's control and supervision. The appellant paid each respo