In a ruling that reaffirmed an established legal position, the Delhi High Court has held that medical sales representatives cannot be classified as “workmen” under the Industrial Disputes Act, 1947.
The case arose from an appeal filed by a sales representative, Samarendra Das, who had challenged the rejection of his claim petition against a medicare company.
Justice Tara Vitasta Ganju, while dismissing the appeal, noted that the nature of work performed by sales representatives in the pharmaceutical sector has long been settled in law. Citing the Supreme Court’s ruling in HR Adyanthaya & Others vs Sandoz (India) Ltd. & Others, the Court reiterated that such roles do not fall under the categories of manual, clerical, supervisory, or technical work — the benchmarks necessary for a person to be considered a “workman” under the Act.
The Court highlighted that Das, being a qualified graduate engaged in specialized professional duties and having undergone specific training, did not perform tasks of a clerical or menial nature.
“It is clear that the petitioner was not engaged in clerical or manual labour but was performing skilled and specialized functions requiring training and expertise,” the judgment stated.
The Court also underscored that its role in reviewing Labour Court orders is limited to ensuring proper exercise of jurisdiction — not re-evaluating evidence or acting as an appellate authority.
Finding no irregularity in the Labour Court’s reasoning, the High Court declined to interfere, affirming that the earlier order had been passed in accordance with the law.
