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Power to make rules 22 (2) The Sales Promotion Employees (Conditions of Service) Rules, 1976 THE SALES PROMOTION EMPLOYEES (CONDITIONS OF SERVICE) ACT, 1976 INTRODUCTION Due to a judgment of the Supreme Court the persons engaged in sales promotion do not come within the purview of the definition of “workman” under the Industrial Disputes Act, 1947 and as such they have no protection regarding security of employment and other benefits under that Act. These persons, particularly the medical representatives in the pharmaceutical industry, have been demanding from time to time that they should be covered by the Industrial Disputes Act, 1947. The Federation of Medical Representatives Associations of India made a petition to the Committee on Petitions (Rajya Sabha). The said Committee came to the conclusion that the demand of the sales promotion employees is justified. Keeping in view the recommendations of the Committee it was considered more appropriate to have a separate legislation for governing the conditions of service of sales promotion employees, instead of amending the Industrial Disputes Act, 1947 to bring such employees within its purview. Accordingly the Sales Promotion Employees (Conditions of Service) Bill was introduced in the Parliament. STATEMENT OF OBJECTS AND REASONS As a result of the Supreme Court judgment in the case of May and Baker (India) Limited and their Workmen (1961-II-LLJ. p. 94), the persons engaged in sales promotion do not come within the purview of the definition of “workman” under the Industrial Disputes Act, 1947 and as such they have no protection regarding security of employment and other benefits under that Act. These persons, particularly the medical representatives in the pharmaceutical industry, have been demanding from time to time that they should he covered by the Industrial Disputes Act. On a petition made by the Federation of Medical Representatives, Associations of India, the Committee on Petitions (Rajya Sabha) in its thirteenth report submitted on March 14,1972, came to the conclusion that “the ends of social justice to this class of people will be met only by suitably amending the definition of the term ‘workman’ in the Industrial Disputes Act, 1947 in a manner that the medical representatives are also covered by the definition of ‘workman’ in the said Act”. The Committee also felt that other workers engaged in sales promotion should similarly be considered as workmen. 22 (2) The Sales Promotion Employees (Conditions of Service) Rules, 1976 2. Keeping in view the justification of the demand of the sales promotion employees, and the recommendation made by the Committee on Petitions, and taking other relevant aspect into consideration, it is considered more appropriate to have a separate legislation for governing the conditions of service of sales promotion employees, instead of amending the Industrial Disputes Act, 1947 to bring such employees within its purview.