2026:JHHC:11703 -: 1 :- IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 1332 of 2019 ---- 1. M/s. Indian Drug Manufacturers Association having its office at 102-B, Poonam Chambers, A wing, Dr. Annie Besant Road, Worli, P.O. and P.S Worli, District- Mumbai, Maharashtra through its Secretary General, Mr. Daara Bahadur Patel, Age 65, Son of Mr. Daara Bahadur Patel, Resident of 616, West View, Jam-E- Jamshed Road, Dadar, Parsi Colony, P.O. and P.S. Dadar, East, (District) Mumbai. 2. Micro Labs Limited, #27, Race Course Road, P.O. and P.S. Race Course, District- Bangalore, represented by its Senior Vice President-Human Resource, Mr. Shivaji Kapade, Son of Mr. Bandu Kapade, Age 64, Resident of Elita Promenade, A1-1804, JP Nagar, 7th Phase, Puttenahalli Road, P.O. and P.S. Puttenahalli, District- Bangalore 3. Intas Pharmaceuticals Limited, 2nd Floor, Chinubhai Centre, Off Nehru Bridge, Ashram Road, P.O. and P.S. Ashram Road, District- Ahmedabad (Gujarat), represented by its Vice President- Human Resource, Mr. Jayesh Brahmbhatt, Son of Mr. Shiv Narayan Shastri, Age 52, resident of A1/005 Royal Enclave, Thaltej, P.O. and P.S.Thaltej, District.- Ahmedabad, Gujarat. 4. M/s. Lupin Limited, 159, CST Road, Kalina, Santacruz East, P.O. and P.S. Santa Cruz, District Mumbai (Maharashtra), represented by its GM-HR, Mr. Sumit Saluja, Son of Mr. Ram Prakash Saluja, Resident of Sky Avenue Apartments, B202, Sector 34, Navi Mumbai, P.O. Kamothe, P.S. Kamothe, District Raigad, State Maharashtra. 5. IPCA Laboratories Limited, 48, Kandivali Industrial Estate, Kandivali (West), Mumbai- 400067, represented by its Joint Managing Director, Mr. A.K. Jain, Son of Mr. Bhanwar Lal Jain, Age 63, Resident of c/o Ajit Kumar Jain, T 5/1203, Rustomjee Ozone, Goregoan Mulund Link Road, Behind Goregoan MTNL Tel 2026:JHHC:11703 -: 2 :- Exchange, Goregoan, P.O. and P.S. Goregaon, West, District- Mumbai, Maharashtra. 6. FDC Limited, 142-48, S.V. Road, Jogeshwari West, P.O. and P.S. Jogeshwari, District- Mumbai (Maharashtra), represented by its General Manager-HR, Mr. Vijay Subhash Dalvi, Son of Mr. Subhash Dalvi, Age 51, resident of Aavishkar HSG Society, Flat No. 303, C- Wing, Bunder Pakhadi Road, Kandivali- West, P.O. and P.S Kandivali, District- Mumbai, Maharashtra. 7. Alembic Pharmaceuticals Limited, Alembic Road, P.O. and P.S Alembic Road, District- Vadodara, represented by its Sr. Vice President, Mr. C.I. Shetty, Son of Mr. Ishwar Shetty, Age 62, resident of, 1204, Queens Gate, G B Road, Thane, P.O., P.S. and District- Thane, Maharashtra. 8. Alkem Laboratories Limited, Alkem House, ‘Devashish’ Senapati Bapat Marg, Lower Parel, P.O. and P.S. Parel, Mumbai (Maharashtra), represented by its DGM-HR, Mr. Atul Chandrakant Parab Son of Mr. Chandrakant Maruti Parab, Age 48 years resident of M-814, RNA Courtyard, Phase-3, Sector-8, opposite Doshi Hospital, Shanti-Nagar, Mira Road, East Thane, P,O, Thane and P.S Naya Nagar District- Thane, (Maharashtra) 9. Sun Pharma Laboratories Limited, Acme Plaza, Andheri Kurla Road, Andheri East, P.O. and P.S. Andheri East, District Mumbai (Maharashtra), represented by Mr. J.B. Shah, Son of Mr. Bal Krishna Shah, Age 59, H-402, Gokul Nagari- 1, 90 Feet Road, Off. Western Express Highway, Kandivli (East), P.O. and P.S, Kandivali, District- Mumbai, Maharashtra. 10. Zydus Healthcare Ltd., Shivsagar Estate, ‘A’ Block, Dr. Annie Besant Road, Worli, P.O. and P.S. Worli, District- Mumbai (Maharashtra), represented by its Vice President-HR, Mr. Anand Gawde, Son of Sri Sonu Sridhar Gawde, Age 51, 11 A/3318, Abhyudaynagar, Kalachowkey, P.O. and P.S. Parel, District- Mumbai, Maharashtra. 2026:JHHC:11703 -: 3 :- 11. Ajanta Pharma Limited, Ajanta House, 98, Government Industrial Area, Charkop, Kandivali (West), P.O. and P.S. Kandivali, Mumbai (Maharashtra), represented by its Sr. G.M. Legal & Company Secretary, Mr. Gaurang Shah, Son of Mr. Chinubhai Shah, Age 49, G 101 Panchsheel Garden, Mahavir Nagar, Kandivali, P.O. and P.S. Kandivali, (West), District- Mumbai, Maharashtra. ....Petitioners Versus 1. The State of Jharkhand through the Principal Secretary, Labour Employment and Training Department, Government of Jharkhand, Ranchi having its Office at Circular Road, P and T Colony, Nagra Toli, P.O. G.P.O, P.S. Lalpur, District- Ranchi. 2. The Principal Secretary, Labour Employment and Training Department, Government of Jharkhand, Ranchi, having its Office at Circular Road, P and T Colony, Nagra Toli, P.O. G.P.O, P.S. Lalpur, District- Ranchi. 3. The Joint Secretary, Labour Employment and Training Department, Government of Jharkhand, Ranchi. having its Office at Circular Road, P and T Colony, Nagra Toli, P.O. G.P.O, P.S. Lalpur, District- Ranchi. …Respondents ---- CORAM : SRI ANANDA SEN, J. ---- For the Petitioners : Mr. Raunak Sahay, Advocate For the Respondents: Mr. Vineet Prakash, AC to SC-IV ---- RESERVED ON 16.04.2026 PRONOUNCED ON 22.04.2026 By way of this writ petition, the petitioners have sought for the following reliefs:- For the issuance of a writ of certiorari or any other appropriate writ, order or direction quashing the Notification bearing No. 2179 dated 13.09.2011 (Annexure-1) issued under the signature of the Joint 2026:JHHC:11703 -: 4 :- Secretary, Labour Employment and Training Department, Government of Jharkhand, Ranchi fixing the work timings of Sales Promotion Employees (hereinafter referred to as SPE’s) working in the State of Jharkhand since the said notification is ultra vires being contrary to the provisions of Section 12 of the Sales Promotion employees (conditions of service) Act, 1976 and Section 13(1)(a) of the Minimum Wages Act, 1948. Moreover, the said notification suffers from the vice of sub-delegation since it has been issued under an executive order and not a rule framed under the provisions of the Minimum Wages Act, 1948. 2. Learned counsel for the petitioners submits that under the Sales Promotion Employees (Conditions of Service) Act, 1976, only the Central Government has the authority to make rules regarding service conditions of Sales Promotion Employees. Since the Central Government has not prescribed working hours, the State Government has no power to do so. He further submits that the State cannot rely on the Minimum Wages Act to fix working hours. Fixing daily schedules is the employer’s prerogative and depends on the nature of the job. He also submits that the notification dated 13.09.2011 is arbitrary and impractical because the work of medical representatives depends on availability of medical professionals and cannot be restricted to fixed hours as prescribed in the notification. It is impossible to supervise or enforce such timings as these employees work independently in the field. 3. Learned counsel for respondents submits that the State Government has the authority to regulate working conditions, including fixing working hours for employees in order ensure fair labour practices. He further submits that the impugned notification dated 13.09.2011 supplements by bringing uniformity and discipline in working hours. He also submits that fixing working hours is necessary and cannot be left entirely to the discretion of employers. Thus, as per the State, the notification is reasonable and made in public interest. 4. I have also gone through the records of the case. Challenge 2026:JHHC:11703 -: 5 :- is to the notification dated 13.09.2011, whereby the working hours of Medical Representatives has been fixed as 09.00 AM to 06.00 PM with Lunch Break from 02.00 PM to 03.00 PM. This notification is under Sub Section (3) of Section 6 of the Sales Promotion Employees (Conditions of Service) Act, 1976 (hereinafter referred to as the Act of 1976. This Act was promulgated to regulate the conditions of services of the employees, who are engaged in sales promotion in Pharmaceutical Industries and also those notified under Section 3 of the Act. Section 2(d) of the aforesaid Act of 1976 defines Sales Promotion Employees, which reads as under: - 2. Definitions. – In this Act, unless the context otherwise requires,- (a) … (b) … (c) … (d) “sales promotion employees” means any person by whatever name called including an apprentice employed or engaged in any establishment for hire or reward to do any work relating to promotion of sales or business, or both, but does not include any such person (i) who, being employed or engaged in a supervisory capacity, draws wages exceeding sixteen hundred rupees per mensem; or (ii) who is employed or engaged mainly in a managerial or administrative capacity. From the aforesaid definition, it is clear that a person, who is engaged in an establishment and is working to promote sales or business or both for hire or reward is a Sales Promotion Employee. A person, who is employed or engaged in a supervisory capacity and is drawing wages more than Rs.1600 per mensem and those who are engaged in administrative or managerial capacity will not come within the purview of this definition. Section 6 of the said Act of 1976 extends application of various uniform enactments to the Sales Promotion Employees. By virtue of Section 6 of the Act of 1976, the Minimum Wages Act, 1948 is applicable to the Sales Promotion Employees. 5. The Minimum Wages Act, 1948 gives power to the appropriate Government to prescribe the number of working hours constituting a normal working day inclusive of one or more intervals with 2026:JHHC:11703 -: 6 :- regard to scheduled employment. It is necessary to quote Section 13(1)(a) of the Act of 1948, which reads as under: - “13. Fixing hours for a normal working day, etc. – (1) In regard to any scheduled employment minimum rates of wages in respect of which have been fixed under this Act, the appropriate Government may- (a) fix the number of hours of work which shall constitute a normal working day, inclusive of one or more specified intervals; …” 6. Section 13 of the Act of 1948 delegates power to the appropriate Government to make Rules. In terms of Section 6(3) of the Act of 1976 read with Section 13(1)(a) of the Minimum Wages Act, the impugned notification was issued, which mandated working hours for Medical Representatives from 09.00 AM to 06.00 PM with Lunch Break from 02.00 PM to 03.00 PM. 7. From the provisions of law, which have been quoted above, it is clear that though the Act confers power to fix the working hours, but it does not confer any power upon the Government to specify any particular time of commencement and conclusion of the working hours nor power has been given to fix a specific time for intervals. The number of hours can be regulated by virtue of the Act, but not the commencement and conclusion of the time. 8. In some job/ vocation/ profession etc. though time period / time limit can be regulated and fixed for working, but commencement of time and when the same will end, cannot be fixed. Nature of work, which a person is performing is very important to decide that at which time of the day the work will commence and at which time, it can come to an end. There cannot be any universal timing for commencement of each and every work, more so when such work is of sales promotion. Sales promotion work, that too in Pharmaceutical Industry is somewhat different and cannot be equated with any other sale promotion. It is often seen that in the morning hours, doctors are busy in treating their patients. The surgeons perform surgeries at different hours of the day, which may stretch for a considerable length in time and normally does not come within any timeframe. Only when the Medical Practitioners are free from 2026:JHHC:11703 -: 7 :- their primary duty of treating the patients and after their consultation period with the patients is over, they can provide their time to the Sales Promotion Personnel. The Sales Promotion Personnel are solely dependent on the time, which is accommodated by the medical practitioners, which a Sales Promotion Personnel cannot dictate nor can they fix any time as per their choice. Further, timings differ from one doctor to another. Thus, Sales Promotion Personnel have to solely abide by the timings provided by the doctors. They do not have any choice of their own to fix timing to promote their product before the doctors or medical practitioners. Thus, it is not practical to specify a working time for the sales promotion employees, especially in the pharmaceutical industry, since the major part of their work involves interactions with medical practitioners. This often cannot be done during the normal working hours when the medical practitioners remain engaged in treatment of patients and other medical procedures. 9. Any notification issued in this regard for a particular group of sales promotion personnel should bear in mind the practicality of its implementation. If a notification is issued, which lacks practicality and cannot be implemented, renders itself to be a piece of paper leading only to complications and confusions, rather than easing the bottlenecks. The success of a notification depends on its smooth hassle free implementation. 10. Considering what has been held above, I hold that the State, though has power to fix the working hour, but does not have the power to fix the time of the day when the work will commence and when it will end. Further in the context of Pharmaceutical Industry, this notification lacks practical approach and is not at all workable. Accordingly, the impugned notification bearing No.2179 dated 13.09.2011 as contained in Annexure 1 to this writ petition is hereby set aside. This writ petition stands allowed. Pending interlocutory applications, if any, stand disposed of. (Ananda Sen, J.) Ranchi, Dated, 22nd April, 2026 Kumar/Cp-02 AFR Uploaded on 24.04.2026