Zydus Healthcare Ltd. vs Sh. R.P.S. Chandel
2021 Latest Caselaw 2505 MP

                                                              1                                WP-19435-2020
                               The High Court Of Madhya Pradesh
                                          WP-19435-2020
                                        (ZYDUS HEALTHCARE LTD. Vs SH. R.P.S. CHANDEL AND OTHERS)

                      5
                      Jabalpur, Dated : 17-06-2021
                             Heard through Video Conferencing.
                             Shri Anurag Lakhotia and Shri Aditya Khandekar, learned counsel for
                      the petitioner.
                             Shri Aditya Ahiwasi, learned counsel for respondent no.1.

Registry has raised an objection regarding territorial jurisdiction of this

writ petition.

Learned counsel for the petitioner submitted that though order has been passed by Additional Labour Commissioner, Indore, but case was instituted in Labour Court, Satna and matter has also been forwarded to Labour Court, Satna for adjudication and for further proceedings.

In view of the same, since part of cause of action has arisen in District Satna, therefore, this Court has jurisdiction to entertain the present petition.

The objection raised by the Registry is over-ruled. Learned counsel for the petitioner has relied on judgment passed by

Division Bench of this Court in the case of Novartis India Limited vs. Vipin Shrivastava and others, W.A No.75/2017 , wherein it has been held that reference of Medical Representatives is not maintainable before Labour Court. It is submitted by learned counsel for the petitioner that petitioner does not fall within the category of Workman, therefore, claim filed by respondent no.1 before the Labour Court is not maintainable.

On the basis of the said judgment, learned counsel for the petitioner prays for stay of proceedings before the Labour court.

In view of the aforesaid submission and particularly after going through para-1 of the claim contained in Annexure P-3, further proceedings pursuant to order dated 1.8.2019 pending before the Labour Court shall remain stayed

Signature Not till the next date of hearing. SAN Verified

Digitally signed by MONSI M SIMON Date: 2021.06.18 10:40:43 IST 2 WP-19435-2020 Learned counsel for the respondent no.1 is granted four weeks time to file a reply.

List the matter after four weeks for consideration. C.C as per rules.

                                                                              (VISHAL DHAGAT)
                                                                                   JUDGE


                      mms




Signature
 SAN      Not
Verified

Digitally signed by
MONSI M SIMON
Date: 2021.06.18
10:40:43 IST