 Re: Scope of the term "Workman"
Dear Neha,
The term Workman defined u/s 2(s) of the Industrial Dispute Act, 1947 is as follows:
"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, and for the purposes of any proceeding under this Act in relation to an 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, 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 one thousand six hundred 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.
As you can see the test for whether a person is a workman or not depends on the nature of his duties and position. If he has mangerial or adminstrative powers or is working in a capacity of a Managerial Cadre then he is outside the ambit of the term.
For example Commercial Pilots with their huge salaries are workmen under the Act.
In you case of Software Engineer you will have to ascertain whether the position has adminstrative or Managerial Powers. For example, a Project Manager in an IT firm is not a workman while a Customer Care Executive in a Call Centre is a workman even if the designation is given as an Executive.
At the end, whether a person is a workman or not is to be decided by the nature of his duties and responsibilities on a case to case basis and not on his designation or salary.
As for the concept of Workman under Workmen's Compensation Act, 1923, if the duty is of a clerical nature the person is excluded. Here the nature of duties of software engineer is not included in the Act hence can be excluded from the ambit of this Act. But there are usually State Rules and LAws covering Compensation of an Employee.
Revert back for further queries.
Kind Regards,
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