INTRODUCTION

Industrial jurisprudence is a development mainly in the post-independence period although its birth may be traced back to the
industrial revolution.

The growth of Industrial jurisprudence can be significantly be noticed not only from an increase in labour and industrial
legislation but also from a large number of industrial law matters decided by the supreme court and high courts. It affects
directly a considerable population of our country consisting of industrialist, workmen, and their families. Those who are
affected indirectly constitute a still larger bulk of the country’s population.

This branch of law modified the traditional law relating to master and servant and had cut down the old theory of laissez fair
based upon the freedom of contract in the larger interest of the society because that theory was found wanting for the
development of harmonious and amicable relations between the employers and employee

Thus the idea of some authority making a contract for the workmen and employer is a strange and noble idea and is foreign to
the basic principles of the law of contract
More ever, employment contacts are required to be in writing, in triplicate in the Arabic language. The
employer is responsible of write the contract, then he keeps one copy, and the employee and social
insurance office keep the other copies. The employment contract must include certain information as
specified in the labor law.
As a general rule, employers can freely determine the person they would like to hire as an employee.
This has been recognized as special freedom under the labor law. Under which it is relatively difficult to
terminate an employee's contract once the employee has been hired. There are certain limited
exceptions to this right, such as the requirement that men and women are given equal opportunities and
the requirement that a certain percentage of hires are persons with disabilities and children.
The Industrial Disputes Act 1947
The Industrial Disputes Act, of 1947 regulates the Indian labour law so far as that concerns trade unions
as well as individual workmen employed in any industry on the Indian mainland. It was one of the last
legislative acts before the passing of the Indian Independence Act of 1947.
Objectives of the Industrial Disputes Act, 1947

1. The act was drafted to make provision for the investigation and settlement of industrial disputes and to
secure industrial peace and harmony by providing mechanism and procedure for the investigation and
settlement of industrial disputes by conciliation, arbitration, and adjudication which is provided under the
statute.

2. This Act was passed with a key objective of “Maintenance of Peaceful work culture in the Industry in India”
which is mentioned under the Statement of Objects & Reasons of the statute.

3. The provision for payment of compensation to the workman on account of close layoff or retrenchment.

4. The procedure for prior permission of appropriate Government for laying off or retrenching the workers or
closing down industrial establishments

5. The actions to be taken against unfair labour practices on part of an employer or a trade union or workers.
 Applicability

The Industrial Disputes Act extends to the whole of India and applies to every industrial
establishment carrying on any business, trade, manufacture, or distribution of goods and services
irrespective of the number of workmen employed therein.

Every person employed in an establishment for hire or reward including contract labour, apprentices,
and part-time employees to do any manual, clerical, skilled, unskilled, technical, operational, or
supervisory work, is covered by the Act.

This Act though does not apply to persons mainly in a managerial or administrative capacity, persons
engaged in a supervisory capacity or executing managerial functions, and persons subject to Army
Act, Air Force, and Navy Act, or those in police service or officer or employee of a prison.
 Definitions

Appropriate Government [Sec. 2(a)]

 Appropriate Government means the Central Government in relation to any industrial dispute concerning any industry
carried on by or under the authority of the Central Government, any industry carried on by a Railway Company, any
controlled industry specified by the Central Government, The Unit Trust of India.

 Corporations under the Central Statutes, Banking company, the Insurance company. Mines. Oil field, Cantonment board,
Major ports, etc. In relation to any other industrial dispute, the appropriate Government is the State Government.

Award [Sec 2 (b)]

 means an interim or a final determination of any industrial dispute or of any question relating thereto by any Labour Court,
Industrial Tribunal, or National Industrial Tribunal and includes an arbitration award made under section 10A;

Industry [Sec. 2(j)]

 Industry means any business, trade, undertaking, manufacture or calling of employers and includes any calling, service,
employment, handicraft or industrial occupation or avocation of workmen.
Industrial Dispute [Sec. 2(k)]
means any dispute or difference between employers and employers, or between employers and workmen, or between
workmen and workmen, which is connected with the employment or non-employment or the terms of employment or
with the conditions of labor, of any person.
Settlement [Sec. 2(p)]
The settlement means a settlement arrived at in the course of conciliation proceeding and includes a written agreement
between an employer and a workman arrived at otherwise than in the course of conciliation proceeding where such
agreement has been signed by the parties thereto in such manner as may be prescribed and a copy thereof has been
sent to an officer authorized by the Appropriate Government and the Conciliation Officer.
Wages [Sec. 2(rr)]
Wages mean all remuneration capable of being expressed in terms of money, which would, if the terms of
employment, express or implied were fulfilled, be payable to a workman in respect of his employment or of the work
done in such employment and includes:
•Such allowances (including dearness allowance) as the workman is for the time being entitled to;
the value of any house accommodation, or of supply of light, water, medical attendance or other amenity or of any
service or of any concessional supply of food grains or other articles;
Any traveling concession. But the following are excluded:

• Any bonus
• Any contribution paid or payable to any pension fund or provident fund, or for the benefit of the workman
under any law for the time being in force.
• Any gratuity payable on the termination of his service.
“workman” 2(s) Firstly, the statutory import of the word “workman” is any person who is employed for the
purpose of doing any technical, unskilled, for hire or reward, skilled, operational, supervisory, or clerical work,
manual.
the Courts have interpreted this definition and have identified various determining factors to know whether a
person is a "workman" or not. The factors which should be considered are (a) whether there is a Master-Servant
relationship; (b) when a person is performing various functions which overlap in their characteristics, the nature
of the main function for which the claimant is employed should be considered; © work is either manual, skilled,
unskilled, technical operational, clerical or supervisory in nature, the mere fact that it does not fall within the
exception would not render a person to be workman; and (d) that the exceptions are not applicable. Further,
designation, source of employment, method of recruitment, terms and conditions of employment/contract of
service, the quantum of wages/pay, and the mode of payment should not be considered while determining
whether a person can be termed as a "workman."

Over a period of time, courts have interpreted specific points of contention in the definition under the ID Act
which has enlarged the scope of the legislation. This note discusses some of the important components of
section 2(s) and their interpretation by the courts below.
1. Supervisory and Managerial work
Delta Jute & Industries Ltd. Staff Association and Ors. v. State of West Bengal and Ors [2015(145)FLR105]
A person working in a purely managerial and/or supervisory capacity does not fall within the definition of a workman under the
ID Act. However, when a person performs multifarious functions, the nature of the main function performed by the person has
to be considered to determine if the person is a "workman." The designation of a person is not a conclusive factor in
determining the nature of work. Even if a person is designated as a supervisor, the employer has to prove that his work and his
duties were in nature of a supervisor.
To squarely fall within the exception, the person must be (a) employed in a supervisory capacity; (b) draw more than INR 6500
as wages; and © primarily perform the functions of managerial nature. The emphasis really is to exclude those persons who are
performing mainly managerial work and are employed in a supervisory capacity i.e. evaluating the work of their subordinates.
Managerial work includes powers and duties related to hiring and firing of new employees, grant of leave to employees, and
actual participation in the policy of the business. The managerial functions may not be performed as a consequence of a written
contract but may be implied from the powers vested in a person or the nature of his duties. A mere leader of a team who makes
checks and forwards it to seniors for consideration cannot be said to be covered within the exception. 6 Further, a supervisor
earning less than 6,500/- may also raise an industrial dispute for an increment in wages which may eventually exclude him from
the definition of the workman.
2. Skilled and Unskilled manual and operational work
Courts have not formulated an explanation as to who is considered as people employed in "manual and operational work." Manual or
operational work may be classified as one that requires no special set of skills. It is mostly associated with physical labour. By way of
exception, the courts have excluded such works which need an imaginative or creative quotient. A work that requires training would
imply that the work is of special nature and requires a distinct application of mind. It is not considered manual/clerical/operational work
or technical work. However, in a few cases, the courts have deviated from the strict interpretation and excluded ancillary creative works
while considering the definition of "workman." A person suggesting ways to increase sales is using an imaginative mind and therefore, is
out of the scope of this definition. However, a person carrying out such ideas by distributing pamphlets or engaging in door-to-door
publicity will be covered as a "workman" under the ID Act.
The Workmen v. Greaves Cotton & Co. Ltd. & Ors 1972 SCR 1373
A salesperson may use various techniques to convince the consumers but that is not considered the use of creative or imaginative faculty
and such a salesperson, even if he goes through training to acquire knowledge about the product, will not be excluded from the definition
of a workman.
3. Part-Time and Full-Time workman
The number of working hours is not considered while determining whether a person qualifies as a "workman" or not. However, there
must exist a master-servant relationship between the employee and his employer. An independent contractor cannot be termed a
workman. The employer must be in a position to control the manner of the employee’s work.
The ID Act does not differentiate between part-time, full-time, casual, daily wage, regular, or permanent workman. All such individuals
Conclusion
To give effect to the objects of this Act, the courts have followed a purposive approach while interpreting the term workman‟
and industrial dispute‟. The emphasis is laid on the nature of duties and powers conferred on an employee rather than the
designation.
Case study regarding workman definition.

Footnotes
1. Chintaman Rao v. State of Madhya Pradesh AIR (1958) SC 358
2. John Joseph Khokar v. Bhadange B. S. & ors 1998 (1) LLJ 447 (Bom)
3.Kirloskar Brothers Ltd. v. Respondent: The Presiding Officer, Labour Court, Delhi and Anr. [1977(34)FLR206]
4. Devinder Singh v Municipal Council, (2011) 6 SCC 584
5. Delta Jute & Industries Ltd. Staff Association and Ors. v. State of West Bengal and Ors [2015(145)FLR105]
6. Burmah Shell Oil Storage and Distributing Company of India Ltd. and Anr. v. Burmah Shell Management Staff Association
and Ors. A.I.R. 1971 S.C. 922
7. The Workmen v. Greaves Cotton & Co. Ltd. & Ors 1972 SCR 1373
8. Chandrasekhara Sharma v. C. Krishnaiah Chetty Jewellers Private Limited 2012(4)KarLJ279
9. Gobind v. Presiding Officer, Labour Court and Another (2012)ILR 2Punjab and Haryana637
10. Dinesh Sharma and Ors. v. State of Bihar and Ors. 1983(31)BLJR207
Vineet Thakur
Assistant professor
shoolini University Solan (HP)
PH. No. 7876792514