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Workman

The document discusses the definition of a 'workman' in relation to employment law, emphasizing that a workman must be employed in an industry under a contract, whether expressed or implied. It highlights that the nature of a person's duties is more important than their designation, determining their classification as a workman or supervisor. Several legal cases illustrate these principles, clarifying the distinctions between clerical and supervisory roles.

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43 views5 pages

Workman

The document discusses the definition of a 'workman' in relation to employment law, emphasizing that a workman must be employed in an industry under a contract, whether expressed or implied. It highlights that the nature of a person's duties is more important than their designation, determining their classification as a workman or supervisor. Several legal cases illustrate these principles, clarifying the distinctions between clerical and supervisory roles.

Uploaded by

shogunasassin
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd
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Workman

Any person (including an apprentice) employed in


any industry to do any manual, unskilled, skilled,
technical, operational, clerical or supervisory work
for hire or reward, whether the terms of
employment be expressed or implied and for the
purposes of any proceeding under this Act in
relation to an industrial dispute,
Case:- Achutan v. Babar
A person cannot be a workman unless he is
employed by the employer in any industry. The
relationship of employer and workman is usually
supported by a contract of employment which may
be expressed or implied. This is also a must for
regarding an apprentice as worker.
Case:- Anand Bazar Patrika (P) Ltd. v. Its Workmen
The designation of a person is not of great
importance, it is the nature of his duties which is
the essence of the issue. If a person is mainly
doing supervisory work, but incidentally or for a
fraction of the time, also does some clerical work,
it would have to be held that he is employed in
supervisory capacity; and conversely, if the main
work done is of clerical nature, the mere fact that
some supervisory duties are also carried out
incidentally, will not convert his employment as a
clerk into one in supervisory capacity.
Case:- Standard Vacuum Oil Co. v. Commissioner of
Labour
It was observed that if an individual has officers
subordinate to him whose work he is required to
oversee, if he has to take decision and also he is
responsible for ensuring that the matters entrusted
to his charge are efficiently conducted, and an
ascertainable area or section of work is assigned to
him, an inference of a position of management
would be justifiable. Occasional entrustment of
supervisory, managerial or administrative work,
will not take a person mainly discharging clerical
duties, out of purview of Section 2(s).

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