1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.540 OF 2011 (Pradeep Walmikrao Bhonge vs. British Biologicals) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri V.P. Marpakwar, Advocate for the petitioner. Shri S.V. Golwalkar, Advocate for the respondent. ------ CORAM : R.M. SAVANT, J. DATED : JUNE 7, 2011 The above petition filed under Articles 226 and 227 of the Constitution takes exception to the judgment and order dated 11/10/2010 passed by the Industrial Court, Nagpur by which Revision (ULP) No.44/2009 filed by the respondent herein came to be allowed and the judgment and order dated 12/5/2008 passed by the learned Judge, 4 th Labour Court, Nagpur directing reinstatement of the petitioner herein with full back wages came to be set aside. 2 The issue, which arose for consideration in the revision application, was as to whether the petitioner, who was, at the relevant time, working as Medical Representative and Field Sales Officer was a `workman’ within the meaning of Section 2(s) of the Industrial Disputes Act, 1947 so as to invoke the provisions of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971. Placing reliance on the authoritative pronouncement of the Apex Court in the case of H.R. Adyanthaya v. Sandoz (India) Ltd. (1994 (5) SCC 737), which has been followed by a learned Single Judge of this Court, R.M. Lodha, J. (as His Lordship then was) in the case of Eskayer Ltd., Bangalore v. Maharashtra Sales and Medical Representatives Association, Nagpur and another (1995 I CLR 1059), the Industrial Court held that the petitioner was not a workman within the meaning of Section 2(s) of the Industrial Disputes Act, 1947 and, therefore, the complaint filed by him was not maintainable. In the light of the aforesaid facts, no case for interference in the writ jurisdiction is made out. 3 The writ petition is accordingly dismissed. JUDGE khj