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WORKMAN

The document defines a "workman" according to Section 2(s) of the Industrial Disputes Act, 1947. A workman is any person employed in any industry to do any skilled, unskilled, manual, operational, or clerical work for hire or reward. Exceptions include people employed in managerial/administrative roles or earning over Rs. 10,000/month in a supervisory role. The definition hinges on analyzing the employer-employee relationship, nature of work performed, and tests like direction/control to determine employment status. Key considerations are the person's primary duties as spelled out in service rules/regulations rather than designation.

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Armaan Arora
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209 views11 pages

WORKMAN

The document defines a "workman" according to Section 2(s) of the Industrial Disputes Act, 1947. A workman is any person employed in any industry to do any skilled, unskilled, manual, operational, or clerical work for hire or reward. Exceptions include people employed in managerial/administrative roles or earning over Rs. 10,000/month in a supervisory role. The definition hinges on analyzing the employer-employee relationship, nature of work performed, and tests like direction/control to determine employment status. Key considerations are the person's primary duties as spelled out in service rules/regulations rather than designation.

Uploaded by

Armaan Arora
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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‘WORKMAN’

DEFINITION
Section 2(s), Industrial Disputes Act, 1947
IR Code 2020: Section 2(zr) ‘Worker’

WORKMAN

TYPE OF FOR HIRE OR TERMS OF INDUSTRIAL


ANY PERSON EMPLOYED INDUSTRY WORK REWARD EMPLOYMENT DISPUTE INCLUDES EXCEPTIONS

INCLUDING EXPRESS OR
APPRENTICE MANUAL UNSKILLED IMPLIED DISMISSED DISCHARGED
[IR CODE:
EXCLUDED]
SKILLED TECHNICAL RETRENCHED

OPERATIONAL CLERICAL

IR CODE 2020:
SUPERVISORY
WORKING
JOURNALISTS
SALES PROMOTION
EMPLOYEES
EXCEPTIONS

1. Person subject to Air force Act/ Army Act/ Navy Act


2. Person employed in police service or as an officer or other employee of a prison
3. Person employed mainly in a managerial or administrative capacity
4. Person employed in supervisory capacity, drawing wages exceeding Rs.10,000/- per
month [IR Code: Rs.18,000/-]
‘PERSON’

■ To be a workman – a person has to be discharging any one of the types of work


enumerated in the first part of the Section
■ Primary and basic duties of the person concerned are to be taken into consideration
‘EMPLOYED’
■ Essential condition – employer-employee relationship
Chintaman Rao v State of Madhya Pradesh (1958) 2 LLJ 252
Court applied the ‘direction and control’ test. Test is whether or not the employer had
supervision and control over the manner in which the work was to be done. Sattedars were not
under the control of factory management and could manufacture bidis wherever they pleased.
Coolies were neither employed by the management directly nor were they employed by the
management through the sattedars. Hence, sattedars and their coolies were not ‘workman’
u/s 2(s) of ID Act.
Bridhichand Sharma v First Civil Judge, Nagpur (1961) 2 LLJ 86 SC
Court relaxed the ‘direction and control’ test. Held nature of extent of control varies in different
industries. When the operation was of a simple nature and could not be supervised all the time
and the control was at the end of the day by method of rejecting the work done which did not
come up to proper standard, then, it was the right to supervise and not so much the mode in
which it was exercised which would determine whether a person was a workman or not.
OTHER IMPORTANT TESTS

■ Features of the relationship


■ Written terms of the employment, if any
■ Actual nature of employment
■ Economic control of the employer over the person
‘NATURE OF WORK’
• Manual work – Work done by physical effort as
MANUAL distinguished from mental or intellectual effort

• Technical work – Work which depends upon


SUPERVISORY UNSKILLED
special training or scientific or technical
knowledge of a person

• Clerical work – A clerk is one employed as


writer, copyist, correspondent in office, etc.

CLERICAL SKILLED

OPERATIONAL TECHNICAL
‘SUPERVISORY CAPACITY’
■ Either by nature of duties attached to the office or by reason of powers vested in him, the
functions are mainly of a supervisory nature
■ Monthly wages not exceeding Rs.10,000/-
Union Carbide (India) Ltd. V D. Samuel & ors. (1999) LLR 21 Bom
1. Designation is not material but what is important is nature of work
2. Find out the dominant purpose of employment and not any additional duties the employee
may be performing
3. Can he bind the company/ employer to some kind of decisions on behalf of the company/
employer
4. Has the power to direct or oversee the work of his subordinates
5. Does he have the power to sanction leave or recommend it
6. Does he have the power to appoint, terminate or take disciplinary action against workmen
DEFINITION
Section 2(s), Industrial Disputes Act, 1947

WORKMAN

FOR HIRE OR REWARD TERMS OF EMPLOYMENT INDUSTRIAL DISPUTE INCLUDES EXCEPTIONS

POLICE SERVICE/
EXPRESS OR IMPLIED DISMISSED DISCHARGED ARMY/ AIR FORCE/ NAVY EMPLOYEE OF PRISON

MANAGERIAL / SUPERVISORY CAPACITY


RETRENCHED ADMINISTRATIVE WITH WAGES EXCEEDING
CAPACITY RS.10,000/- PER MONTH
SPECIFIC EXAMPLES

■ Whether teacher is workman or not?


Miss A. Sundarambal v Govt. of Goa, Daman & Diu (1989) 1 LLJ 62 SC

■ Whether legal assistant/ legal advisor is a workman or not?


Management of Sonepat Cooperative Sugar Mills Ltd. v Ajit Singh (2005) LLR 309 SC
TESTS
1. Person has to discharge one of the types of work mentioned in the first portion of Section 2(s)
2. If not, then it is not necessary to consider further whether he comes within any classes of
workmen excluded under the latter part of the Section
3. Whether the person comes under first portion of the Section depends on the nature of duties
assigned to him/ discharged by him
4. The duties may be spelt out in:
i. Service rules
ii. Service regulations
iii. Standing orders
iv. Appointment order
v. Any other material in which the duties are assigned
5. If nature of duties discharged is multifarious, then segregation between principal duty and
ancillary duty becomes necessary
6. Designation of the employee is not conclusive.

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