RAKESH TIWARI, J. - (1.) BY means of the instant writ petition, the petitioner has challenged the legality and validity of the impugned award dated 11th October, 2001 passed by the Labour Court (I), U.P., Kanpur - respondent No. 1 respondent No. 1 in Adjudication Case No. 146 of 1994 by which the following reference with regard to termination of service has been answered by the Labour Court against the workman. .........[vernacular ommited text]...........
(2.) THE woodcut profile of the case of the petitioner before the Labour Court in his written statement was that the petitioner was appointed as Medical Representative by Ms. Franco -Indian Pharmaceuticals Ltd - respondent No. 2 in its Branch Office at C - 11, Site -1, Panki Industrial Area, Kanpur on 15th March. He was promoted as Area Manager w.e.f. 1st August, 1988 without any change in his terms of appointment of service. It is alleged by be the petitioner that he was working under direct control and supervision of one Mr. V.N. Kapoor, Regional Sales Manager who was trying to implicate him in false cases ever since 1977 and was pressurizing him to resign. The petitioner further alleges that he also had complained against Mr. Kapoor, from time to time, to higher authorities and was called to Mumbai office on 23rd May, 1990 at the instance of Sri V.N. Kapoor in some alleged enquiry who was found guilty and was given an opportunity to improve his conduct. It is also alleged that thereafter the petitioner was again summoned to Mumbai on 30th April, 1992 and was asked to submit his resignation but he declined. He then received letter dated 16th May, 1992 informing him that his services stood terminated w.e.f. 30th April, 1992. He pleaded that his termination was illegal, null and void as it was brought about in violation of Sections6 -I, 6 -N, 6 -P and -6 -Q of the U.P. Industrial Disputes Act, 1947. The employers took a stand before the Labour Court that the matter in dispute was not an 'industrial dispute' under the provisions of U.P. Industrial Disputes Act, 1947 (hereinafter referred to as the State Act) for the reasons that Sri Mehta was neither a workman under the provisions of the State Act nor under the provisions of the Industrial Disputes Act, 1947 (hereinafter referred as to as the 'Central Act'); that being employed as an Area Manager he was discharging the duties which were mainly of supervisory and administrative nature and was drawing salary @ Rs. 12000/ - per month which was much more than the limit prescribed in the definition of workman under the two aforesaid Acts or Sales Promotion Employees (Conditions of Service) Act, 1976. According to the employers, the reference was illegal as well as beyond the jurisdiction of the State Government to refer it for the reasons that the Government of lndia had already enacted the Sales Promotion Employees (Conditions of Service) Act, 1976 (hereinafter referred to as the '1976 Act') and the Labour had no jurisdiction to adjudicate the matter under reference and that the designation in the reference order showing the petitioner as 'Medical Representative' was contrary to the facts.
(3.) THE employers also asserted that the petitioner was performing the duties of Area Manager and not that of a Medical Representative and was supervising the work of Medical Representatives working under him. The nature of duties, according to the employers' written statement, was to promote the sales of the company which has appointed and placed medical representatives all over India and to control and supervise the work of 'Medical Representative' who discharged their duties. The broad functions of Area Manager were as under: - DUTIES OF AREA MANAGER 1. To guide and assist the Medical Representatives in his territory to enable him to achieve individual performance targets (unit -wise, product -wise and rupee -value sales targets). 2. To continuously train and develop the Medical Representatives to achieve better results and to prepare them to take up higher responsibilities in future when the need arises. 3. To maintain team spirit amongst the Medical Representatives in his area. 4. To help the Medical Representatives to resolve their difficulties, if any, in respect of personal booking, dealing with the chemists, distributors or with the profession. 5. To periodically forward to them head office objective performance appraisal reports about each Medical Representative in his area. 6. To act as a channel of communication and link between the head office and the field staff. 7. To communicate with management in respect of market information and intelligence etc. 8. To be responsible for correspondent with the head office in respect of monthly report and other correspondence. 9. To pass all the relevant information regarding policies, procedures etc., of the company to the representatives working under him. 10. To keep the head office informed from time to time about the stock position with the distributors in his area and ensure and follow -up regarding outstanding. 11. To maintain and develop relationship with the distributors in his area. 12. To keep the personal touch with all the institutional customers to ensure continuity of the existing business and procurement of new business 13. Any additional duties and responsibilities as may be assigned from time to time by the superiors. ;