HR Adhyantaya v. Sandoz (India) Ltd. (1994) 5 SCC 737

Question: Are medical representatives “workmen” under Section 2(s) of the Industrial Disputes Act, 1947?

Answer: The Supreme Court said No. Their core job is promoting sales. This is not manual, clerical, supervisory, or technical work as the law requires.

• Are medical representatives covered by “workman” in Section 2(s)?
• Does the modified definition of “workman” change their status?
• Is their main work promotional sales or some other recognised labour?

Under Section 2(s), a person is a “workman” only if the person mainly does manual, clerical, supervisory, or technical work. Promotional sales, by itself, does not fit any of these heads.

The Supreme Court held that the medical representatives in this case are not “workmen”. Their dominant duty is promotion of sales. This does not fall under the recognised heads in Section 2(s). The Court considered its earlier view in May & Baker while assessing the nature of duties.

The Tribunal’s order was set aside. The Court, however, directed that the complaint be treated as an industrial dispute and referred to the Industrial Tribunal, Bombay. The managements were directed to pay ex gratia ₹1,00,000 to each petitioner, along with bonus as ex gratia, within the specified time.

To qualify as a “workman”, the employee’s primary and real work must be manual, clerical, supervisory, or technical. If the essence of the job is promotional sales, Section 2(s) does not apply.

• Clarifies coverage of Section 2(s) for sales-promotion roles.
• Guides HR policies in pharma and allied sectors.
• Shows how courts look at the dominant nature of duties, not labels.

Mnemonic: “PROMO ≠ 4” — Promotion is not one of the four heads (Manual, Clerical, Supervisory, Technical).

1. Spot the core duty (promotion).
2. Match with 4 heads (no match).
3. Conclude not a “workman”.

Issue: Are medical representatives “workmen” under Section 2(s)?

Rule: Only if main work is manual, clerical, supervisory, or technical.

Application: Their main activity is sales promotion; this does not fit the four heads. Tribunal’s broader view was incorrect in law.

Conclusion: Not “workmen”; complaint to be treated as an industrial dispute for reference; ex gratia granted.

Section 2(s)

Defines “workman” under the Industrial Disputes Act.

Promotional Work

Activities aimed at increasing sales or visibility of products.

Ex Gratia

Payment made as a goodwill gesture, not as a legal right.

• May & Baker (India) Ltd. — Nature of duties test for “workman”.
• Cases on Section 2(s) interpretation in sales-promotion contexts.