Presented To:

ID Act,1947 Prof.Swati Patel

Case Studies
Presented By:
Amee Jha [B-19]
Milap Udani [A-57]
Cases on Workman
 Conditions to be a Workman
• If the person is not discharging any of the
types 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 work for 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 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
 Conditions to be a Workman (Contd.)
• If the person does not come within the 1 st
portion 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.)
• 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.
 Conditions to be a Workman (Contd.)
• 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.
 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 is
not a workman under ID Act.
• Medical Representatives are not the
workmen.
 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.
 Creative Artists
• Trust, promoting art is not an ‘Industry’ and
so artist is not a ‘Workman’
 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.
 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 Apprentices
Act,1961]
 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.
 Trainees
• The trainees who are employed for performing
regular 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)
 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.
 Domestic Servant
• Falls outside of the ambit of industry.
• Not considered as a workman.
 Legal Representatives of
Deceased Workman
• The definition of workman does not include
them.
• Not considered as a Workman.
 Gardener
• Considered as a workman.
• Because the work of him is not totally
disassociated with the Employer.
 Piece Rated workers
• Recognised mode of payment to industrial
workman.
• They are Workmen.
 Legal Assistant
• He is not involved in any stereotyping job
and his job involves creativity.
• Not a Workman.
 Appraiser
• There was not master-servant relationship.
• Not a Workman.
 Research Fellow
• His functions are purely academic.
• Not a Workman.
 Superintendent Quality Control
• Not a Workman.
 Driver
• Not exercising supervisory, administrative
or managerial function.
• He is a Workman.
 Tax Assessor
• Duties are of Quasi-judicial Nature.
• He is not performing manual, technical or
operational duties.