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Tata Sons Ltd. vs S. Bandyopadhyay Through New Delhi ... on 17 March, 2004 cites

Burmah Shell Oil Storage & Distribution ... vs Burmah Shell Management Staff ... on 12 November, 1970

"It is seen from the facts found that the appellant was employed to do canvassing and promoting sales for the company. The duties involve the suggesting of ways and means to improve the sales, a study of the type or status of the public to whom the product has to reach and a study of the market condition. He was also required to suggest about the publicity in markets and melas, advertisements including the need for posters, holders and cinema slides. These duties do require the imaginative and creative mind which could not be termed as either manual, skilled, unskilled or clerical in nature. The supervising work of the other local salesmen was part of his work considered by the Tribunal as only incidental to his main work of canvassing and promotion in the area of his operation. Such a person cannot be termed as a workman is also the ratio of the decision of this Court in Burmah Shell Oil Storage and Distribution Company v. Burmah Shell Management and Staff, , D.S. Nagaraj v. Labour Officer, Karnal, (1972) 42 FJR 440 (Andh Pra), J.J. Dechane Distributor v. State of Kerala, (1974) 2 Lab LJ 9 : (1974 Lab IC 379) (Kerala)."
Supreme Court of India Cites 8 - Cited by 197 - V Bhargava - Full Document

J. And J. Dechane Distributors vs State Of Kerala And Ors. on 21 August, 1973

"It is seen from the facts found that the appellant was employed to do canvassing and promoting sales for the company. The duties involve the suggesting of ways and means to improve the sales, a study of the type or status of the public to whom the product has to reach and a study of the market condition. He was also required to suggest about the publicity in markets and melas, advertisements including the need for posters, holders and cinema slides. These duties do require the imaginative and creative mind which could not be termed as either manual, skilled, unskilled or clerical in nature. The supervising work of the other local salesmen was part of his work considered by the Tribunal as only incidental to his main work of canvassing and promotion in the area of his operation. Such a person cannot be termed as a workman is also the ratio of the decision of this Court in Burmah Shell Oil Storage and Distribution Company v. Burmah Shell Management and Staff, , D.S. Nagaraj v. Labour Officer, Karnal, (1972) 42 FJR 440 (Andh Pra), J.J. Dechane Distributor v. State of Kerala, (1974) 2 Lab LJ 9 : (1974 Lab IC 379) (Kerala)."
Kerala High Court Cites 19 - Cited by 20 - Full Document

S. K. Verma vs Mahesh Chandra And Another on 2 September, 1983

8. S.K. Verma vs. Mahesh Chandra was a case in which the question that arose was whether a "development officer" working with the Life Insurance Corporation was a workman. This decision was held to be per incuriam in Adyanthaya. Reference was also made by learned counsel to Ved Prakash Gupta vs. M/s Delton Cable India (P) Ltd. . This decision followed the ratio of S.K. Verma and even otherwise, the Supreme Court said in Adyanthaya, that the decision turned on its own facts. These decisions are, therefore, not at all helpful in deciding the controversy in the present case.
Supreme Court of India Cites 6 - Cited by 161 - O C Reddy - Full Document
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