Explained “Workman” under Section 2(s) The Industrial Dispute Act, 1947
The First World War created a new energy among the working class people, who were earlier ruled by the employer regarding services and compensation. To achieve their goals, the workers went on strike, while the owners countered by declaring a lockout. Several strikes and lockouts in 1928–29 forced the government to pass the Trade Disputes Act 1929. The Trade Dispute Act of 1929 was enacted to resolve industrial disputes. The Trade Union Act established trade unions as legal entities. However, this defect was eventually remedied by authorizing the referral of industrial conflicts to adjudicators for resolution during the Second World War (1938–1945), under Rule 81-A of the Defense of Indian Rules. Rule 81-A was going to expire on October 1, 1946, with the end of the Second World War, but was saved by using the government's emergency powers. The main section was laid in the Industrial Disputes Act of 1947. Key Topic covered Workman under section 2(s) of Industrial Disputes Act, 1947 :- 1.Corresponding of Law; 2. Legislative Changes; 3. Main Changes effected by Amendment of 1956; 4. Wages; 5. Meaning of “Workman” Key topic for next Video on Workman under section 2(s) of Industrial Disputes Act, 1947 :- 1. Employed “in” an Industry - interpretation; 2. “Hire & Reward” 3. Determination of employer & employee relationship 4. Manual Work 5. Designation of Employee immaterial; 6. Apprentices is/not Workman 'Workman' defined under Trade Dispute Act of 1929 "workman' means any person employed in any trade or any industry to do any skilled or unskilled, manual or clerical work for hire or reward, but does not include any person employed in the naval, military or air service of the Crown. "Workman" defined under section 2(s) of Industrial Disputes Act, 1947 Workman means 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 express or implied; Workman also includes any such person who has 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; but does not include any such person-- (i) who is subject to the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957); or (ii) who is employed in the police service or as an officer or other employee of a prison; or (iii) who is employed mainly in a managerial or administrative capacity; or (iv) who, being employed in a supervisory capacity, draws wages exceeding [ten thousand rupees]* per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature.]
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