Medical Sales Representative Not a ‘Workman’ Under ID Act | HC

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  • Last Updated on 29 December, 2025

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Medical sales representative

Case Details: Sh. Samarendra Das vs. Win Medicare (P.) Ltd. [2025] 181 taxmann.com 184 (Delhi)

Judiciary and Counsel Details

  • Tara Vitasta Ganju, J.
  • Gautam Kumar Laha, Adv. for the Petitioner.
  • Ms Pooja Sood, Aniket Singh, Jitesh Pandey, Hrishabh Tiwari & Naman Arora, Advs. for the Respondent.

Facts of the Case

In the instant case, the petitioner was employed as a sales executive/professional sales representative with the respondent company. The petitioner filed a claim petition before the Labour Court, which was dismissed on the ground that the petitioner was not a workman within the meaning of section 2(s) of the Industrial Disputes Act, 1947.

It was noted that the petitioner was not engaged in clerical or menial work but was a qualified graduate with a specialisation and had received specialised training for his field of work. There was, therefore, no doubt that the work performed by the petitioner involved specialised skills acquired through training imparted by the respondent company. In any event, this aspect had not been denied by the petitioner.

High Court Held

The High Court held that there was no infirmity in the impugned order warranting interference in the exercise of its supervisory jurisdiction.

List of Cases Referred to

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Author: Taxmann

Taxmann Publications has a dedicated in-house Research & Editorial Team. This team consists of a team of Chartered Accountants, Company Secretaries, and Lawyers. This team works under the guidance and supervision of editor-in-chief Mr Rakesh Bhargava.

The Research and Editorial Team is responsible for developing reliable and accurate content for the readers. The team follows the six-sigma approach to achieve the benchmark of zero error in its publications and research platforms. The team ensures that the following publication guidelines are thoroughly followed while developing the content:

  • The statutory material is obtained only from the authorized and reliable sources
  • All the latest developments in the judicial and legislative fields are covered
  • Prepare the analytical write-ups on current, controversial, and important issues to help the readers to understand the concept and its implications
  • Every content published by Taxmann is complete, accurate and lucid
  • All evidence-based statements are supported with proper reference to Section, Circular No., Notification No. or citations
  • The golden rules of grammar, style and consistency are thoroughly followed
  • Font and size that's easy to read and remain consistent across all imprint and digital publications are applied