H.R. Adyanthaya vs Sandoz (India) Ltd on 11 August, 1994
. As regards the word skilled, we are of view that the
connotation of the said word in the context in which it is used, will
not include the work of a sales promotion employee such as the
medical representative in the present case. That word has to be
construed ejusdem generis and thus construed, would mean skilled
work whether manual or non-manual, which is of a genre of the
other types of work mentioned in the definition.. [emphasis
supplied] [p.755]
The work that the respondents perform is in the nature of a
creative art and their work is neither subject to an order required from
the Art Director nor from any of the artists. In performing their work,
they have to bring to their work, their artistic ability, talent and a sense
of perception for the purpose of production of drama involving in the
course of such work, the application of the correct technique and the
selection of the cast, the play, the manner of presentation, the light and
shade effects and so on. In effect, the work they do is creative art which
only a person with an artistic talent and requisite technique can manage.
To call such a person, a skilled or a manual worker is altogether
inappropriate. An artist must be distinguished from a skilled manual
worker by the inherent qualities, which are necessary in an artist, allied
to training and technique. We derive support for this proposition from
T.P.Srivastava vs. M/s National Tobacco Co. of India Ltd.s case
[supra] wherein section salesman employed for canvassing and
promoting sales of companys products in an area could not be put under
the category of workman.