cases of ida

8/7/2019 Cases of IDA

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Presented To:

Prof.Swati Patel

Presented By:

Amee Jha [B-19]

Milap Udani [A-57]

ID Act,1947

Case Studies


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CASES ON WORKMAN


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Conditions to be a Workman

If the person is not discharging any of thetypes of work of the first portion of the

definition is not a workman:

Workman [Sec.2(s)]It means any person (including an apprentice) employed in any industry to

do any skilled or unskilled manual, supervisory, operational, technical

or clerical workfor 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 industrial dispute, includes any such person whohas been dismissed, discharged or retrenched in connection with, or as

a consequence of, that dispute or whose dismissal, discharge or

retrenchment has led to that dispute


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If the person does not come within the 1stportion then there is no need to consider the

further question whether he comes within

any classes of workman excluded under the

latter part of the section:

Does not include-Any such person:

In Army, Navy or Air force Employed in Police service or officer or employee at prison.

Employed mainly in a managerial or administrative capacity.

Supervisory officer drawing more than Rs.1600/- p.m. salary.

Contractor or sub-contractor.

Conditions to be a Workman (Contd.)


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Whether the person concerned comes within

the 1st part of sec.2(S) depends upon the

nature of duties assigned to him and/or

discharged by him. The duties of the employee may be split out

In the service rules or rules and regulations

Standing orders The appointment order

In any other material in which the duties are

assigned to him.


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Any one particular duty-no problem

Multitasking- problem

Principal Duty Ancillary Duties

Designation of the employee is not of much

importance and certainly not conclusive in

the matter as to whether or not he is a

workman under the section.


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Sales/ Medical representatives If the manual and clerical work is only a

small part of duties of the person concerned

and incidental to the main work which is

not manual or clerical, then such a person

would not be a workman.

Person looking after the sales promotion isnot a workman under ID Act.

Medical Representatives are not the

workmen.


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Part time Employees The definition given in the Act does not

make any distinction between a full time

employee and a part time employee.

He is a workman.


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Creative Artists Trust, promoting art is not an Industry and

so artist is not a Workman


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Teacher Imparting of education is in the nature of a

mission or a noble vocation

The clerical work if any they do is only

incidental to their principal work of

teaching.

So it is not considered as a skilled or

unskilled manual or supervisory work.

So he/she is not a workman.


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Apprentice A learner of a craft: one who is bound by

legal agreement to serve an employer for a

period of years, with a view to learn some

handicraft, trade, etc., in which the

employer is reciprocally bound to instruct

him. [{Sec.2(aa)}, The ApprenticesAct,1961]


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Apprentice (Contd.) The person must not only establish that he

is not covered by the provisions of the

Apprenticeship Act but must further

establish that he is employed for the

purpose of doing any work contemplated in

the definition of Workman.


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Trainees

The trainees who are employed for performingregular nature of work, do not by itself make them

workmen

A trainee is not equivalent to a workman, unless

there is sufficient evidence of existence of

employee-employer relationship.

If there are trainees, there should be a trainer too.

But in the case they are considered as workmen.(because they are so-called trainees)


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Probationer Every person employed in an industry

irrespective of his status-temporary,

permanent or probationary, would be a

workman.

Only excepted categories of the definiton

are excluded.


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Domestic Servant Falls outside of the ambit of industry.

Not considered as a workman.


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Legal Representatives of

Deceased Workman The definition of workman does not include

them.

Not considered as a Workman.


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Gardener

Considered as a workman.

Because the work of him is not totally

disassociated with the Employer.


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Piece Rated workers Recognised mode of payment to industrial

workman.

They are Workmen.


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Legal Assistant

He is not involved in any stereotyping job

and his job involves creativity.

Not a Workman.


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Appraiser There was not master-servant relationship.

Not a Workman.


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Research Fellow His functions are purely academic.

Not a Workman.


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Superintendent Quality Control Not a Workman.


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Driver Not exercising supervisory, administrative

or managerial function.

He is a Workman.


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Tax Assessor Duties are of Quasi-judicial Nature.

He is not performing manual, technical or

operational duties.

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