T .P. SRIVASTAVA vs NATIONAL TOBACCO CO. OF INDIA LTD.

The Supreme Court held that the appellant, a Section Salesman, did not qualify as a 'workman' under Section 2(b) of the Industrial Disputes Act, 1947, due to the nature of his duties requiring a creative mind rather than manual or clerical work. The Labour Court's finding that the termination was illegal was upheld, but the reference was deemed incompetent as the appellant was not a workman. To ensure justice after 16 years, the Court directed the company to pay the appellant an amount equivalent to three years' salary.