Rajasthan High Court - Jodhpur
Zydus Healthcare Ltd vs State Of Rajasthan on 22 July, 2021
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 9131/2021
Zydus Healthcare Ltd., Regd. Office Zydus Corporate Park,
Scheme No. 63, Survey No. 536, Khoraj (Gandhinagar), Near
Vaishno Devi Circle, S.g. Highway, Ahmedabad - 382481
Represented By Its Deputy General Manager (Hr-Department)
Mr. Narendra Tangar S/o Late Shri B.l. Tangar, R/o K-402, Icb
City, Gota, Ahmedabad.
----Petitioner
Versus
1. State Of Rajasthan, Through The Home Secretary,
Department Of Home, Government Of Rajasthan,
Secretariat, Jaipur.
2. The Secretary, Department Of Labour, Govt. Of
Rajasthan, Secretariat, Jaipur.
3. The Inspector General Of Police, Jodhpur Range, Jodhpur.
4. The Labour Commissioner, Shram Bhawan, Khatipura
Road, Hasanpura, Jaipur.
5. The Rajasthan Medical And Sales Representatives Union,
(Affiliated To Faderation Of Medical And Sales
Representatives Association Of India) Through Its General
Secretary, State Office B-2, Khadi Colony, Hatwara Road,
Jaipur.
6. The Unit Secretary, Jodhpur, Rajasthan Medical And Sales
Representatives' Union Gandhi Tower 4Th Floor, Jalori
Gate, Jodhpur.
----Respondents
For Petitioner(s) : Mr. Rajesh Punia
For Respondent(s) :
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
22/07/2021
By way of this writ petition, the petitioner-pharmaceutical
company has raised a grievance that the company has transferred
(2 of 3) [CW-9131/2021]
two of its medical representatives from one place to another as
per the decision of the management, however, the respondent
Nos.5 and 6 - the Rajasthan Medical & Sales Representatives
Union and The Unit Secretary, Jodhpur, Rajasthan Medical & Sales
Representatives respectively and its members are restraining the
other employees of the petitioner- company from discharging their
duties at various places in the State of Rajasthan.
In the writ petition, several instances have been mentioned
where the representatives of the petitioner-company were
restrained from discharging their duties allegedly by the members
of the respondent Nos. 5 and 6. The petitioner-company, in this
writ petition, has prayed that the State of Rajasthan through the
Home Secretary, Government of Rajasthan, Secretariat, Jaipur,
Secretary, Department of Labour, Government of Rajasthan,
Secretariat, Jaipur, the Inspector General of Police, Jodhpur Range
Jodhpur and Labour Commissioner, Shram Bhawan, Khatipur
Road, Asanpura, Jaipur may be directed to provide effective and
adequate protection to the area manager of Jodhpur region of the
petitioner-company for smooth functioning of the business of
pharmaceutical and life saving drugs so also to take action against
the members of the respondent Nos. 5 and 6. It is also prayed
that the respondent No. 2 and 3 i.e. the Secretary, Department Of
Labour, Govt. of Rajasthan, Secretariat, Jaipur and the Inspector
General Of Police, Jodhpur Range, Jodhpur respectively may also
be directed to take strong action against the respondent Nos. 5
and 6 for cancellation of their registration.
Having heard learned counsel for the petitioner and after
going through the averments made in this writ petition, it appears
that the petitioner-company has never approached the Secretary,
(3 of 3) [CW-9131/2021]
Department of Labour, Labour Commissioner, Home Secretary,
Government of Rajasthan and the Inspector General of Police,
Jodhpur Range, Jodhpur by way filing appropriate representation
seeking action against the respondent No. 5 and 6 or its members.
It is also not borne out that the petitioner-company has
approached the above referred authorities and they had refused to
proceed on the complaint/ representation of the petitioner
company.
In such circumstances, I am not inclined to interfere in this
writ petition at this stage, however, it is open for the petitioner-
company to approach the respondent Nos. 1 to 4 for redressal of
its grievances. In the event, if the petitioner-company approaches
the respondent Nos. 1 to 4 by way of filing appropriate
representation/ complaint/ application, it is expected that the
respondent Nos. 1 to 4 shall consider and decide the same strictly
in accordance with law expeditiously.
In view of the above observations, this writ petition is
disposed of.
Stay petition is also disposed of.
(VIJAY BISHNOI),J
62-mohit/-
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