Jai Bakshi
Handled Almost Entire Gamut Of Hr/ir.
K C S Kutty
Labour Laws
Asst. General Manager - Hr
Hr Manager
+2 Others

Dear friends, Please find attach one case study of vandana Joshi V/s Standard Chartered Bank on workman. This was publish on 26.12.2009 in Times of India.
From India, Delhi

Attached Files
File Type: pdf law on Workman.pdf (85.7 KB, 1601 views)

hello Sir, Good Information, do posting such information to us for updating our knowledge.
From India, Patna
Dear Jai Bakshi,
Do not get disheartened. Thanks for posting and sharing information.
But what kind of feedback you are expecting (Thank you ???, Great Information???). May be many of us would have already read this in newspapers. This news was widely reported and got good coverage in newspapers.
Thanks & Regards

From India, Pune
Dear Bakshi ji,
Thanks for sharing the information. Please keep a track of the case as there would be an appeal against this.
To offer comments or give a feed back, we need to study the judgement in detail. We cannot offer any comments based on news report, as that is a summary of the case.
We have to see how a "personal financial consultant" comes within the definition of workman under ID Act.
KCS Kutty

From India, Madras
Dear friends, A copy of full judgement of Bombay High Court in the given case is attached for information of all. Regards,
From India, Malappuram

Attached Files
File Type: pdf Bombay HC on workman ID Act.pdf (168.8 KB, 457 views)

Thanks Mr. PC Agarwal for posting entire judgement. A very interesting read. I would particularly like to quote following lines from the judgement.
'Tests of control which were appropriate to a society thirty years ago have become relics of an era which India has left behind in the annals of history. The law has kept pace with the times by recognizing that in order to determine whether a person is a workman
under Section 2(s), contemporary notions of business cannot be
stratified by notions of economic organisation developed for an era which is no more.'
A welcome sign from the judisiery.

Thanks & Regards

From India, Pune
Dear Mr Agarwal / Mr Jai Bakshi,
Thanks for your valuable inputs. I am searching for similar judgments for differentiating Workman / Non workman - (Managers / Officers / whatever).
If you can throw some more light on the issue, like what are all the guarding principles one had to imply in the job roles, appointment letters, day to day execution of work which would avoid many employers like SCBank to avoid such cases, would be just great.
'There is no greater wisdom than sharing it'
Thanks once again for your inputs.
S Kannan
9 62 62 62 956

From India, Madras
Hang on guys the fight is still on. This case started with Hon'ble CGIT-II and Hon'ble CGIT -II was pleased to decide this case in faour of workman. The Bank filled Writ Petition 975 of 2009 and succeded, The Petitioner Filled an Appeal No 67 of 2010. She lost and then she filled an Review in Hon'ble High court, Review Got dismissed. Then The lady approached Hon'ble Supreme court in SLP No 4217-18 of 2011. The SLP contains 12 question of Law. The Matter is subjudice and the law is still the same.
From India, Mumbai
Respected Sir, Any employee engaged in the functions like budgeting, Finance, Accounts, compliance, Admin employee to these department . Can he be termed as manager or in managerial function becoz of these nature of job functions ??
From India, Mumbai
Dear Sir/Madonn l am working in a public sector production unit as a supervisor. Please give me a clarification that supervisor will comes under workman in ID act or not?
From India, Kozhikode
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