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- The definition of 'Workmen' in the Workmen's Compensation Act, 1923, is pivotal in determining who is eligible for compensation under the Act. By meticulously defining who a workman is and equally important, who is not, the Act establishes a legal framework that strives to balance the rights of workers with the interests of employers.
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5 days ago · Whether an employee would fall under workman or non-workman category, should be determined holistically, taking various facets into consideration. Background In the realm of Indian labour and employment law, one of the critical distinctions lies between the categorization of individuals as "non-workman" and "workman" under the framework of the Industrial Disputes Act, 1947 (“ ID Act ”).
- Introduction
- Supervisory and Managerial Work
- Skilled and Unskilled Manual and Operational Work
- Part Time and Full Time Workman
- Conclusion
The concept of workman is central to the concept of anindustrial dispute as an industrial dispute can be raised either bya "workman" or an "employer." Since theIndustrial Disputes Act, 1947 ("ID Act")is a piece of beneficial legislation, the courts have enlarged thescope and applicability of this Act by giving wide interpretationto the term "workma...
1.1 A person working in purely managerialand/or supervisory capacity does not fall within the definition ofworkman under ID Act. However, when a person performs multifariousfunctions, the nature of the main function performed by the personhas to be considered to determine if the person is a"workman." The designation of a person is not aconclusive f...
2.1 Courts have not formulated an explanationas to who are considered as people employed in "manual andoperational work." Manual or operational work may beclassified as one that requires no special set of skills. It ismostly associated with physical labour. By way of exception, thecourts have excluded such works which need imaginative orcreative qu...
The number of working hours is not considered while determiningwhether a person qualifies as "workman" or not. However,there must exist a master-servant relationship between the employeeand his employer. An independent contractor cannot be termed as aworkman. The employer must be in a position to control the mannerof employee‟s work. The ID Act doe...
To give effect to the objects of this Act, the courts havefollowed a purposive approach while interpreting the termworkman‟ and industrial dispute‟. The emphasis is laidon the nature of duties and powers conferredon anemployee rather than the designation. This bulletin is prepared by Kanchan Modak (under thesupervision of Ankush Goyal, Senior Assoc...
Jul 29, 2021 · The definition of a worker/workman is the fundamental legal basis to invoke the jurisdiction of an Industrial Tribunal. Due to this, classification as a worker/workman becomes paramount. A person who does not fall within the definition cannot take recourse to the grievance redressal mechanism.
Nov 30, 2021 · A workman can raise an industrial dispute with the employer regarding discharge, dismissal, retrenchment or termination of his services. Section 25F of the Act provides mandatory conditions for retrenchment of workers.
Nov 28, 2023 · A close look at the definition of Workman under the Industrial Disputes Act, 1947 ("ID Act") will reveal that there is a two-step process to establish if an employee can be categorized as a Workman. The first step (Included Persons)-
The definition of workman is important because the act aims at investigation and settlement of industrial dispute which implies a difference between an employer and workmen. So it is very necessary to decide who is a workman or employees.
Apr 17, 2024 · In this judgement, the Supreme Court has considered different factors that would be important to determine whether an employee qualifies as a “workman” within the meaning of the ID Act.
