THE HON'BLE MR JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE NOOTY RAMA MOHANA RAO W.A.No.1049 of 2010 JUDGMENT (Per the Hon’ble Sri Justice Ghulam Mohammed) This appeal is directed against the order of dismissal dated 10.06.2008 passed in W.P.No.10557 of 2008. 2. The appellant, who worked as Sales Officer in the office of respondent No.4, filed Miscellaneous Petition No.50 of 2003 in the Labour Court, Guntur, under Section 33-C(2) of the Industrial Disputes Act (for short ‘the Act’) claiming a sum of Rs.1,66,631/-towards arrears of commission. He asserted that the respondents failed to pay salary as well as commission, whereas the respondents stated that the appellant is not their employee, but he was an independent commission agent to canvas and book the plots and that since he did not achieve the minimum sales target, he is not entitled for the said sum. The Labour Court dismissed the said petition on 14.02.2008 on the ground that the appellant failed to produce the evidence as regards the achievement of sales targets for entitlement of Commission claimed by him. When he challenged the order of the Labour Court by filing W.P.No.10557 of 2008, the learned single Judge by the order impugned dismissed the writ petition on 10.06.2008 holding that the commission claimed by an agent cannot be treated as salary and it becomes highly doubtful, as to whether the arrears thereof can be recovered, by filing an application under section 33-C(2) of the Act. 3. Heard both sides. 4. In view of the fact that the appellant was a commission agent of the respondents to canvas and book the plots with minimum sales targets per month, and as he failed to produce the evidence about fulfilment of the sales targets for entitlement of commission, we are of the view that the Labour Court has rightly rejected his claim, as confirmed by the learned single Judge by the order impugned, which does not warrant any interference by this Court. 5. Accordingly, the Writ Appeal is dismissed. No order as to costs. ______________________ GHULAM MOHAMMED, J _________________________ NOOTY RAMA MOHANA RAO, J Date:21.11.2011 sj .