Remand on summary trial.
anil verma (registeronlyfree)
(Querist) 06 January 2013
This query is : Resolved
sir one of my case has been reemanded by high court to labour court to redecide a lehal issue of workman in which details findings were not given in earlier award. is it necessary to produce evidence in this summary trial as it is purely a question of law whether medical representaives are workman or not.
pl guide.
Devajyoti Barman
(Expert) 07 January 2013
If the case is remanded with specific directions by the high court then it has to be complied with unless you go for its setting aside by supreme court.
Raj Kumar Makkad
(Expert) 07 January 2013
It is always better to lead evidence on each opportunity found.
Kirti Kar Tripathi
(Expert) 07 January 2013
It is an established fact that a Medical Representative is not a workman under the I.D. Act. However, Section 6(2) of the Sale Promotion Employees (Conditions of Service) Act, 1976 provides that provisions of I.S.Act shall apply to a Sales Promotion Employees as applicable to workman under the Act. Hon'ble Supreme Court in its landmark judgment in Sandoz Case has specifically mention that the wage limit of sales promotion employee is paramount consideration in deciding the applicability of the Act. If the Award has not dealt these aspect, the High court was justified in remanding the case and in these circumstances, it would be appropriate for the parties to lead evidences on nature of job, responsibilities of employee as well salary drawn by him.
Raj Kumar Makkad
(Expert) 07 January 2013
I pay special thanks to Kirti kar for lighting some important information on the subject.
