So far as the reliance of the petitioner on the
judgment of the Supreme Court in the matter of Rhone-
Poulenc (India) Ltd. (supra) is concerned, in that case
exercising the powers under Article 142 of the
Constitution the reference was made to the Industrial
Court and so far as the Division Bench judgment of this
-19- M.P.No.2212/2020
Court relied upon by the petitioner in the case of R.R. Iyer
(supra) is concerned, in that 8 WP No.10001/19 case the
reliance was placed on the judgment of the Supreme Court
in the case of Rhone-Poulenc (India) Ltd. (supra), though
the power under Article 142 of the Constitution is not
available to the High Court.
5. He has placed reliance upon several judgments of the Hon'ble
Supreme Court as well as of the High Court in the cases of H.R.
Adyanthaya vs. Sandoz (India) Limited reported in (1994) 5 SCC 737;
Rhone-Poulene (India) Ltd. vs. State of U.P. and others reported in AIR
2000 SC 3182; SPIC Pharmaceuticals Division vs. Authority Under
Section 48 (1) of A.P. & Another reported in (2007) 2 SCC 616; D.P.
Maheshwari vs. Delhi Administration and others reported in 1981 (1)
SLJ 406 Delhi; R.R. Iyer vs. R.P.G. Life Sciences Ltd. reported in 2010
MPLSR 312 (DB); M/s. Dolphin Laboratories Ltd. vs. Judge, LabourSignature Not VerifiedSigned by: MOHD IRFANSIDDIQUISigning time: 12/22/20221:39:42 PM 5
Court, Udaipur and another, reported in 2001 (90) FLR 257 and
Rajasthan Medical and Sales Representatives Union, Ajmer and another
vs. M/s. Industrial Research Institute Private Limited and another
reported in 2000 (87) FLR 563 with respect to the issue involved in the
matter and has argued that although the aforesaid judgments were
quoted by the learned Single Judge in the order but there is no
consideration to the same, which is reflected from the impugned order.
7. Judgments relied upon by the respondents in case of Rhone
Poulene Ltd. Vs. State of U.P. and other, (2000) 7 SCC 675 has been
passed by Apex Court of Bench having strength of two judges and in case of
H.R. Adyanthaya and others (supra) is passed by Constitutional Bench of
five judges, therefore, said judgment is binding upon this Court and as per said
judgment Medical Representative does not fall within definition of workman.
13.1C As regards the contention that the award given by the tribunal is beyond the terms of reference, I have considered Sec. 10(4) of the Industrial Disputes Act, the reference made by the Court and also the judgment of Hon'ble Apex Court in the case of Firestone Tyre and Rubber Company India (P) Ltd. (supra), Pottery Mazdoor Panchayat (supra), Union of India v. Shantiram Ghosh (supra), Gorden Woodroffe Agencies (supra) and Rhone Poulenc (India) Ltd. (supra). In view of these decisions, I am of the view that the tribunal has acted beyond terms of reference and, therefore, when the tribunal has decided the same is contrary to the terms of reference then the said order is bad in law.
17- In Rhone-Poulence (India) Ltd. v. State of U.P.,(2000)
7 SCC 675, the Hon'ble Supreme Court held as under.-
"the mere fact that after the order of transfer had been
issued and when Respondent 3 had failed to report for
duty, he was also asked by the Corporate Manager, who
was competent to order his transfer, to join the duties at
Kanpur will not validate ' the order of transfer issued by an
authority not competent to do so."
23. So far as the reliance placed by learned counsel for the
respondent on the decision of Division Bench of this Court in the
matter of R.R. Iyer (supra) wherein while placing reliance in the
matter of Rhone Poulene Ltd. Vs State of U.P. & ors. reported in
(2000) 7 SCC 675 had held that by virtue of Section 6(2) of Sales
Promotion Employees (Condition of Service) Act, 1976, a Medical
Representative is a deemed workman under the provisions of
Industrial Disputes Act, 1947, therefore, the reference made to the
Labour Court would be justified is concerned, the Hon'ble Apex
Court in the matter of Rhone Poulene Ltd. (supra) though by
invoking powers under article 142 of the Constitution of India had
directed the dispute to be carried under section 10 (1)(d) of the
Industrial Disputes act, 1947, had not taken a different view from
that of the Constitutional Bench in the matter of H.R. AdhyanthyaSignature Not VerifiedSigned by: YOGENDRAOJHASigning time: 02-08-202410:32:03 AM 24
(supra) wherein it was in specific terms held that Medical
Representatives are not covered under the definition of workman but
following course which has been taken by the Constitutional Bench
in continuing with the reference, since long time had passed from the
date of reference, it was held that reference would continue with
Labour Court. Since the same is not a case herein, the said judgment
is also of no help to the respondent.