INDUSTRIAL DISPUTESINDUSTRIAL DISPUTES Act , 1947 Act , 1947

DEFINITION OF DEFINITION OF WORKMANWORKMAN

Under sec 2 (s) of the Industrial Disputes Act, a Under sec 2 (s) of the Industrial Disputes Act, a workman means any person (including an workman means any person (including an apprentice) employed in any industry to do any apprentice) employed in any industry to do any

1.skilled or unskilled 1.skilled or unskilled

2.manual2.manual

3.supervisory3.supervisory

4.technical4.technical

5.clerical or operational 5.clerical or operational

Skilled or unskilledSkilled or unskilled :- when work can be done :- when work can be done with some technique or when some skills is used with some technique or when some skills is used or before doing it, training is necessary , then or before doing it, training is necessary , then such a work is called as ‘ skilled work’ .such a work is called as ‘ skilled work’ .

Manual Manual :-A manual worker is any worker who :-A manual worker is any worker who performs physical work arising out of manual performs physical work arising out of manual efforts. When a person is required to use his legs efforts. When a person is required to use his legs or is simply required to keep standing that or is simply required to keep standing that person will be treated as workman . In person will be treated as workman . In B.I.C vs. B.I.C vs. Ram BahadurRam Bahadur , the court held that member of , the court held that member of watch and ward staff were doing manual work watch and ward staff were doing manual work and hence included as workmanand hence included as workman

Supervisory workSupervisory workThe word ‘ supervision ‘ means to over see or to look The word ‘ supervision ‘ means to over see or to look after . Therefore, supervision in this connection is the after . Therefore, supervision in this connection is the supervision by an employee in a higher position over supervision by an employee in a higher position over the employees in lower position.the employees in lower position.

Exceptions Exceptions

1. 1. either , by the nature of his duties or by reason of either , by the nature of his duties or by reason of powers vested in him ,he performs mainly powers vested in him ,he performs mainly

managerial managerial functions or functions or 2. 2. He draws wages exceeding Rs. 10,000 per month He draws wages exceeding Rs. 10,000 per month

Technical workTechnical work

An employer must posses technical An employer must posses technical knowledge to be included as a knowledge to be included as a technical worker . Once there is an technical worker . Once there is an application of such knowledge the application of such knowledge the employee falls within the definition of employee falls within the definition of worker.worker.

For eg:- A pilot with air For eg:- A pilot with air india ,draftsman , engineers etcindia ,draftsman , engineers etc

CLERICAL WORKCLERICAL WORK

A clerical worker is a person who works in A clerical worker is a person who works in an office performing routine desk work an office performing routine desk work such as keeping records, attending to such as keeping records, attending to correspondence or filing of papers etc. correspondence or filing of papers etc.

such work may be skilled or unskilled .such work may be skilled or unskilled .

Other factorsOther factors

EmployedEmployed :- :- In In dhrangdhara chemical dhrangdhara chemical works Ltd vs. State of shaurashtraworks Ltd vs. State of shaurashtra , 1957 I , 1957 I llJ 477, SC ruled that the condition for a llJ 477, SC ruled that the condition for a person being a workman is that he should person being a workman is that he should be employed ( employer – employee be employed ( employer – employee

relationship)relationship) IndustryIndustry :- :-The definition states that unless The definition states that unless

a person is employed in an activity which a person is employed in an activity which is an industry he will not be a workman is an industry he will not be a workman ( definition of industry given in sec 2 (j) )( definition of industry given in sec 2 (j) )

Hire or rewardHire or reward :- In order to show a :- In order to show a person within scope of definition, he person within scope of definition, he must be shown to have been working must be shown to have been working for hire or reward . Hire imports for hire or reward . Hire imports obligation to pay and reward is used obligation to pay and reward is used when there is no obligation to pay .when there is no obligation to pay .

The terms of employment can be The terms of employment can be express or impliedexpress or implied

BURMAH SHELL MANAGEMENT OIL BURMAH SHELL MANAGEMENT OIL STORAGE V.BURMAH SHELL STAFF STORAGE V.BURMAH SHELL STAFF

ASSOCIATIONASSOCIATION It was held that if the work is not of such It was held that if the work is not of such

nature as specified in definition ,the nature as specified in definition ,the person concerned will not be a workmanperson concerned will not be a workman

When an employee is doing more than When an employee is doing more than one type of work , his main work will one type of work , his main work will determine whether he is a workman or determine whether he is a workman or not not

A workman must be held employed to do A workman must be held employed to do that work which is the main work he is that work which is the main work he is required to do ,even though he may be required to do ,even though he may be incidentally doing other types of work. incidentally doing other types of work. Therefore , in determining which of the Therefore , in determining which of the employees in the various categories are employees in the various categories are covered by the definition of workman , one covered by the definition of workman , one has to see what is the main work which has to see what is the main work which they are employed to do .they are employed to do .

It was held that if a person does mainly It was held that if a person does mainly supervisory work and incidentally clerical supervisory work and incidentally clerical work , he is employed in supervisory work work , he is employed in supervisory work

purpose (definition)purpose (definition)

Includes for the purposes of any Includes for the purposes of any proceeding under this act , in relation proceeding under this act , in relation to an industrial dispute , any such to an industrial dispute , any such person who has been dismissed , person who has been dismissed , discharged or retrenched in connection discharged or retrenched in connection with, or as consequence of that dispute with, or as consequence of that dispute , or whose dismissal , discharge or , or whose dismissal , discharge or retrenchment has led to that dispute ;retrenchment has led to that dispute ;

Who is not a workman Who is not a workman (definition) (definition)

Any such person –Any such person –

1) who is subject to the army act ,1950 or the air force 1) who is subject to the army act ,1950 or the air force act , 1950 or the navy act , 1957 act , 1950 or the navy act , 1957

2) who is employed in the police service or as an officer 2) who is employed in the police service or as an officer or other employee of a prison or other employee of a prison

3)who is employed mainly in managerial or 3)who is employed mainly in managerial or administrative capacity administrative capacity

4)who being employed in a supervisory capacity draws 4)who being employed in a supervisory capacity draws wages exceeding Rs.1600 per mensem or exercises wages exceeding Rs.1600 per mensem or exercises either by the nature of duties attached to the office or either by the nature of duties attached to the office or by reason of the powers vested in him , functions which by reason of the powers vested in him , functions which are mainly of a managerial nature .are mainly of a managerial nature .

TestsTests

In In Aloysuis Nunes vs. Thomas Cook india ltdAloysuis Nunes vs. Thomas Cook india ltd :- :- it was held that various tests are required it was held that various tests are required to find out if an employee is a workman.to find out if an employee is a workman.

1)Whether the employee can examine quality 1)Whether the employee can examine quality of workof work

2)Whether he has power to assign duties2)Whether he has power to assign duties3)Can he indent materials and distribute 3)Can he indent materials and distribute

amongstamongst4)Are there person working under him4)Are there person working under him5)Has the power to supervise men and not 5)Has the power to supervise men and not

merely machines. merely machines.

Thank youThank you