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anuradha goyal (member)     10 January 2013

Work man

Sir,

My query is whether Regional sales manager of Pharma company is covered under the definition of workman.

As per Industrial Disputes act  if the person is getting Rs50,000/- per month salary then whether he  falls under Industrial Disputes Act

Regards

Anuradha Goyal



Learning

 2 Replies

Anand k (Professor)     11 January 2013

 

 

TORTURE OF CAPTURED INDIAN SOLDIERS – INDIA WILL MAKE PAKISTAN PAY

 

By

 

Lt Col CR Sundar, President Tamilnadu BJP Ex Servicemen Cell

 

          The ghastly mutilation and beheading of two captured Indian soldiers after inflicting inhuman torture upon them is a matter which will not be let go by India.

          Whom will India hold responsible for these crimes and how will India deal with this crime?

          The prime accused as far as India is concerned is the Pakistani Battalion commander in whose unit and under whose command the outrage occurred. His name will be noted.

          The next person responsible will be the commander of the Pakistani Brigade in whose jurisdiction the torture and murder took place. His name will be noted.

          The third person to answer will be the Pakistani Divisional Commander in whose area the Pakistanis beheaded our brave soldiers. His name will be noted.

          And finally the Corps Commander who is the overall commander of the theatre where the reprehensible murders most foul were enacted. His name will be noted.

          India will give due chances to the aforesaid rogue officers of Pakistan Army to tender official apologies. If they come India will demand that the apologies be backed by the Government of Pakistan. For without government endorsement there is no surety that there is even a modicum of seriousness in those apologies.

          If the apologies and supplication by the Government of Pakistan does not come within a reasonable time India will take all necessary action to apprehend the aforementioned rascally Pakistani officers and bring them to justice in an Indian court on Indian soil. If it is not possible to transport them they will be tried and punished by Summary General Court Martial and their sentence executed on surface over which India for the time has sovereignty be it on land, sea or air.

          Also, if the apologies and supplication from the Government of Pakistan does not come in reasonable time the names of the aforementioned rogue officers will be made public. Under the law which says that torture being a crime against humanity has universal jurisdiction India will demand of every country which is henceforth visited by these reprehensible Pakistani officers to arrest them and hand them over to India.

          In addition the Government of India, and more specifically the Indian Army will keep a note of the names of the concerned Pakistani Unit commander, the Pakistani Brigade commander, the Pakistani Divisional commander and the Pakistani Corps commander. They will be watched. Their career paths will be noted and their location always known. Their DNA samples will be collected to obviate their getting away from the net by changing their names.

          India will make plans to call the above noted rogue officers of Pakistan Army to provide the ultimate answer to the grisly acts they encouraged the men under their command to do on Indian soldiers. Those plans by India will be updated day after day, hour after hour.

          India will use its brains, skill and brawn to get at them. Newer methods heretofore unheard of and unimagined will be worked out. Robot driven miniature stealth vehicles will be deployed in their vicinity to smell them out and keep track of their movements inside Pakistan or outside. Their compute signature will be registered on a minute to minute basis. Their cell phone emissions will be monitored by the most advanced sensing devices Indian acumen can create. Remotely piloted miniature aircrafts built out of Indian genius will continuously buzz the Pakistani airspace above the areas where these four officers reside. There will be no respite in their surveillance.

          India will wait and at the opportune moment India will pounce to pluck the dishonorably shameful Pakistani officers from their Pakistani or other alien soil and bring them to India to face retribution in an Indian court of justice. India will ensure that the sentences of those rascally Pakistanis will be executed on Indian soil or on surface over which India has sovereignty.

          Thus will India deal with the torture and murder of Indian soldiers who do not hesitate to offer the ultimate sacrifice for India.

 

Kumar Doab (FIN)     11 January 2013

 

@ Anuradha,

Pilot get much more than Rs.50000/pm and is treated as a workman.

 

It shall be appropriate to approach a competent and experienced labor consultant/service lawyer and lawyer may ask you a set of structured questions and opine that you fall within the category of workman. Designation alone does not decide employee is a workman or not.

 

It is felt that the Area/Regional Managers of the pharma companies perform duties same as that of medical representatives and they have independent targets, visual aids, promotion materials, samples, an some times independent list of doctors they have to cover, and may have to cover vacant HQ etc an it is felt that in some cases they have agitated in labor courts.

 

Much shall depend upon the material on record, wisdom and expertise of the lawyer and finally court of law.

Can you elaborate on the issues?

 This is an interesting discussion.

Valuable advice of learned experts/members is sought.

 @ Anand,

Kindly always initiate a new thread.The matter posted by you is of course meaningful and thought provoking.


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