O.M. Bhargava Vs. Satyavati Bhargava & Ors [1994] INSC 140 (23 February 1994)

Kuldip Singh (J) Kuldip Singh (J) Yogeshwar Dayal (J)

CITATION: 1994 SCC (4) 662

ACT:

HEAD NOTE:

ORDER

The question for consideration in Civil Appeal No. 242 of 1990 and connected matters is whether the Medical Representatives working in various pharmaceutical firms are 'workmen' as defined under Section 2(s) of 663 the Industrial Disputes Act, 1947 (the Act). We have been taken through two judgments of this Court in Burmah Shell Oil Storage and Distribution Co. of India v. Burmah Shell Management Staff Association' and S.K. Verma v. Mahesh Chandra2. The later three-Judge Bench has not noticed the earlier judgment which is also by three-Judge Bench.

Apparently the view taken by the two Benches on the interpretation of Section 2(s) of the Act is contradictory.

We are of the view that it would be in the interest of justice that these matters be heard by a larger Bench. The papers be placed before Hon'ble the Chief Justice of India for his kind consideration as to whether it would be appropriate to constitute a three-Judge Bench or five-Judge Bench to hear those matters.

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