Page 173 - DMGT516_LABOUR_LEGISLATIONS

Labour Legislations

Notes Unless a person is employed in an industry, he will not be a workman within the meaning
of the definition. Similarly, a person who performs supervisory work and draws wages,
exceeding 1,600/- per mensem is not a workman.
A contractor is not a workman within the meaning of Sec.2 (s). The same applies to a sub-
contractor.

The question, whether a person is employed in a supervisory capacity or on clerical work,
depends upon whether the main and principal duties carried out by him are those of a
supervisory character or of a nature carried out by a clerk
The pilot or a plane held to be a workman and whatever supervisory or administrative
work he did, it was only incidental to his work (Mathur Aviation vs. Lt. Governor, Delhi,
1977-II LLJ 255).
Even a part time employee is a "workman" under Section 2(s) of the Industrial Disputes
Act, 1947.
A probationer is also a workman - Hutchiah v. Karnataka State Road Transport Corporation,
1998 LLR 391.

In determining whether a person is a workman or not, the mere nomenclature of the post
held by him is no of much consequence. What is to be seen is the nature of duties performed
by him i.e. the substantial nature of his employment; what is the main work performed by
the person and which part of his work is incidental or subsidiary (Shalimar Tar Products Ltd.
vs. Labour Court, 1981 (58) FJR 255). In this connection Bombay High Court in Union
Carbide vs. Samuel (1999) and Supreme Court of India have led down certain criteria for
determining whether a person is workman or not.
(a) Can his decision bind the employer?
(b) Does he have power to sanction leave?
(c) Does he have power to appoint?

(d) Can he examine quality?
(e) Can he assign duty?
(f) Can he indent material?
(g) Can he recommend leave?

(h) Are any person working under him?
(i) Does he supervise work?
(j) Does he write C.R?

7.6 Power of Labour Court and Industrial Tribunals

Every investigation by these authorities is deemed to be a judicial proceeding within the
meanings of Sections 93 and 228 of the Indian Penal Code. They are also deemed to be Civil
Court for the purposes of Sections 345, 346 and 348 of the Code of Criminal Procedure. They
have also the power to substitute their decision for the decision of the employer in disciplinary
cases.

They are empowered to determine as to who, to what extent, and to whom the cost of proceedings
before them are to be paid. They are also empowered to enforce the attendance of any person for
the purpose of examination of such persons, compel the production of documents and material

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