‘WORKMAN’

DEFINITION
Section 2(s), Industrial Disputes Act, 1947
IR Code 2020: Section 2(zr) ‘Worker’

WORKMAN

TERMS OF
ANY TYPE OF FOR HIRE INDUSTRIAL EXCEPTION
EMPLOYED INDUSTRY EMPLOYME INCLUDES
PERSON WORK OR REWARD DISPUTE S
NT

INCLUDING EXPRESS DISCHARGE

MANUAL UNSKILLED DISMISSED
APPRENTICE OR IMPLIED D
[IR CODE:
EXCLUDED]
RETRENCHE
SKILLED TECHNICAL
D

OPERATION
CLERICAL
AL

SUPERVISO IR CODE 2020:

RY WORKING
JOURNALISTS
SALES PROMOTION
EMPLOYEES
 EXCEPTIONS

1. Person subject to Air force Act/ Army Act/ Navy Act

2. Person employed in police service or as an officer or other employee of a
prison
3. Person employed mainly in a managerial or administrative capacity
4. Person employed in supervisory capacity, drawing wages exceeding
Rs.10,000/- per month [IR Code: Rs.18,000/-]
 ‘PERSON’

■ To be a workman – a person has to be discharging any one of the types of

work enumerated in the first part of the Section
■ Primary and basic duties of the person concerned are to be taken into
consideration
 ‘EMPLOYED’
■ Essential condition – employer-employee relationship
Chintaman Rao v State of Madhya Pradesh (1958) 2 LLJ 252
Court applied the ‘direction and control’ test. Test is whether or not the employer had
supervision and control over the manner in which the work was to be done. Sattedars
were not under the control of factory management and could manufacture bidis
wherever they pleased. Coolies were neither employed by the management directly
nor were they employed by the management through the sattedars. Hence, sattedars
and their coolies were not ‘workman’ u/s 2(s) of ID Act.
Bridhichand Sharma v First Civil Judge, Nagpur (1961) 2 LLJ 86 SC
Court relaxed the ‘direction and control’ test. Held nature of extent of control varies in
different industries. When the operation was of a simple nature and could not be
supervised all the time and the control was at the end of the day by method of
rejecting the work done which did not come up to proper standard, then, it was the
right to supervise and not so much the mode in which it was exercised which would
determine whether a person was a workman or not.
 OTHER IMPORTANT TESTS

■ Features of the relationship

■ Written terms of the employment, if any
■ Actual nature of employment
■ Economic control of the employer over the person
 ‘NATURE OF WORK’
• Manual work – Work done by physical
MANUAL effort as distinguished from mental or
intellectual effort
SUPERVISO
RY
UNSKILLED • Technical work – Work which depends
upon special training or scientific or
technical knowledge of a person

• Clerical work – A clerk is one employed as

writer, copyist, correspondent in office, etc.
CLERICAL SKILLED

OPERATION
TECHNICAL
AL
 ‘SUPERVISORY CAPACITY’
■ Either by nature of duties attached to the office or by reason of powers vested in
him, the functions are mainly of a supervisory nature
■ Monthly wages not exceeding Rs.10,000/-
Union Carbide (India) Ltd. V D. Samuel & ors. (1999) LLR 21 Bom
1. Designation is not material but what is important is nature of work
2. Find out the dominant purpose of employment and not any additional duties the
employee may be performing
3. Can he bind the company/ employer to some kind of decisions on behalf of the
company/ employer
4. Has the power to direct or oversee the work of his subordinates
5. Does he have the power to sanction leave or recommend it
6. Does he have the power to appoint, terminate or take disciplinary action against
workmen
 DEFINITION
Section 2(s), Industrial Disputes Act, 1947

WORKMAN

TERMS OF
FOR HIRE OR REWARD INDUSTRIAL DISPUTE INCLUDES EXCEPTIONS
EMPLOYMENT

ARMY/ AIR FORCE/ POLICE SERVICE/

EXPRESS OR IMPLIED DISMISSED DISCHARGED
NAVY EMPLOYEE OF PRISON

SUPERVISORY
MANAGERIAL / CAPACITY WITH
RETRENCHED ADMINISTRATIVE WAGES EXCEEDING
CAPACITY RS.10,000/0 PER
MONTH
 SPECIFIC EXAMPLES

■ Whether teacher is workman or not?

Miss A. Sundarambal v Govt. of Goa, Daman & Diu (1989) 1 LLJ 62 SC

■ Whether legal assistant/ legal advisor is a workman or not?

Management of Sonepat Cooperative Sugar Mills Ltd. v Ajit Singh (2005) LLR
309 SC
 TESTS
1. Person has to discharge one of the types of work mentioned in the first portion of Section
2(s)
2. If not, then it is not necessary to consider further whether he comes within any classes of
workmen excluded under the latter part of the Section
3. Whether the person comes under first portion of the Section depends on the nature of
duties assigned to him/ discharged by him
4. The duties may be spelt out in:
i. Service rules
ii. Service regulations
iii. Standing orders
iv. Appointment order
v. Any other material in which the duties are assigned
5. If nature of duties discharged is multifarious, then segregation between principal duty and
ancillary duty becomes necessary
6. Designation of the employee is not conclusive.