"Workman" Under the Industrial Disputes Act, 1947

Workman Under the Industrial Disputes Act, 1947

Introduction

Hello, and welcome, we're diving into the concept of "workman" under the Industrial Disputes Act, 1947. This concept is central to understanding industrial disputes, as disputes can be raised by either a "workman" or an "employer."

Definition of Workman

The ID Act defines a workman as any person (including an apprentice) employed in any industry to do manual, unskilled, skilled, technical, operational, clerical, or supervisory work, for hire or reward. This definition includes those who have been dismissed, discharged, or retrenched in connection with a dispute. However, it excludes personnel employed in the armed forces, police, or those mainly in managerial or administrative roles with wages exceeding INR 6500.

Determining Factors

1. Courts have identified key factors in determining if a person is a "workman":Master-Servant Relationship: The existence of this relationship is crucial.
2. Nature of Main Function: When a person performs various functions, the main function should be considered.
3. Nature of Work: Whether manual, skilled, unskilled, technical, operational, clerical, or supervisory.
4. Exceptions: The exceptions mentioned in the definition should not be applicable.

Interpretation by Courts

1. Supervisory and Managerial Work: Purely managerial or supervisory roles are not considered workman. The nature of the main function and duties performed are crucial.
• Criteria for Exception: The person must be primarily employed in a supervisory capacity, earning more than INR 10000, and performing mainly managerial functions
• Managerial Functions: Include powers related to hiring, firing, leave, and policy decisions. Mere supervision of subordinates does not qualify.
2. Skilled and Unskilled Manual and Operational Work: Courts have not precisely defined these terms but generally exclude work requiring imagination or creativity. Manual work associated with physical labor is typically included.
• Exception: Ancillary creative work may be excluded, but activities like distributing pamphlets are considered manual work.
3. Part-Time and Full-Time Workman: The number of working hours doesn't matter; a master-servant relationship is essential. Independent contractors are not considered workmen.
• ID Act Uniformity: The Act applies to part-time, full-time, casual, daily wage, regular, or permanent workmen.

Conclusion

Courts have broadly interpreted the term "workman" to align with the objectives of the ID Act, focusing on duties and powers rather than designations. This approach ensures the Act's applicability in various work scenarios, enhancing its beneficial impact.

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