No Tags Found!

Dinesh Divekar

Business Mentor, Consultant And Trainer

Umakanthan53

Labour Law & Hr Consultant

Madhu.T.K

Seasoned Ir Professional

KK

KK!HR

Management Consultancy

Vmlakshminarayanan

Sr.manager - Hr&admin

Saswatabanerjee

Partner - Risk Management

Drsivaglobalhr

Doctor Siva Global Hr

Nanu1953

Ceo-usd Hr Solutions

AU

Aussiejohn

Workplace Assessment And Training

Rkn61

Sr. Hr Manager

NV

Nagarkar Vinayak L

Hr And Employee Relations Consultant

Alok-singh1

Labour Law & Ir.

NA

Nathrao

Insolvency N Gst Professional

Kumaracme

Hr Manager, A Leading Manufacturing Company

Srivastavacmlal

Master Consultant

Pan Singh Dangwal

Joint Manager

NK SUNDARAM

International Corporate Trainer / Hr (od) Consultant

R.N.Khola

Labour Laws & Ir

Bijay_majumdar

Freelancer In Hr &indirect Taxes For Services Indusrty.

Jeevarathnam

Sr Manager Hr & Compliances

Pvenu1953@gmail.com

Retired Government Servant/advocate

Ommygautam

Plant Hr Head

GL

Glidor

Hr Consultant

Loginmiraclelogistics

Asso.prof.(commerce & Management)

SU

Sudhapradheep

Sr. Executive-hr

Suresh2511

Labour Consultant

Ram K Navaratna

Hr Consultancy

Sitaramsn

Hr Freelancer

CC

Creator Coaching Centre

Student At Sapatgram College

SA

Santateja

Design Engineer

RE

RecruiterUK

Head Of Talent Aquisition

KA

Karanjoshi

Advocate

SH

Shiva6338511488

Accountant

MU

Munees

Electrician

SS

Sandeep Shinde 1981

Sr. Manager Hr And Admin

JA

Jayyash

Software Engineer

IK

Inderjeet Kashyap

Hr Executive

SS

Sandip Sadar

Deputy Manager At Icici Bank

JG

Jai Gola

Hr Manager


hekarthik
46

Please can any one let me know the professional skills employees like (Advocates, Doctors, chartered accountant and other professional) whether cover under the industrial Disputes Act 1947
From India, Coimbatore
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Umakanthan53
Labour Law & Hr Consultant
Kbijaya20
Sr.excecutive Assistant
+3 Others

varghesemathew
910

They are not coming under ID Act.But a hospital comes under it as an Industry.There is a recent decision that an Architect firm is a shop for ESI Act. Varghese Mathew.
From India, Thiruvananthapuram
Arunjain.ncl
146

Hello Mr Kartik
Provision of ID Act are applicable on all employees who come under the purview of definition for "Workman" as per ID Act. So Doctors, Advocates, CAs shall not come under the Category of workman whereas Accountant, Pharmacist/paramedical staff, Legal Inspectors etc. shall be considered as workman. Broadly, Executives are not workmen, Non-executives including Supervisors are workmen.
AK Jain

From India, Jabalpur
umakanthan53
6014

Sorry to differ from the views of M/S Vargheese and Arun.The essential condition of a person being a workman within the terms of the definition u/s 2(s) of the ID Act,1947 is that he should be employed to do the work in that industry and that there should be an employment of him by the employer involving the relationship of employer and employee.Where the relationship of employer and employee in an industry is established, the person employed is deemed to be a workman unless found specifically excluded.Of the four exclusions mentioned in the definition, the last two are relevant to the present discussion; they are managers or administrators irrespective of the amount of their wages or salaries and those supervisors with wages exceeding Rs1600/=p.m or exercise functions of mainly managerial nature in terms of the nature of their duties or by reason of powers.Here, the emphsis is on the capacity of jobs assigned to them and not on the mere nomenclature or designation of the job.The Supreme Court has ruled in S.K.Verma v. Mahesh Chandra [AIR 1984 S.C 1462] that the entire labour force, irrespective of the nature and duties of the post, falls within the definition of the word 'workman' and only the managerial force and the supervisory force to the extent excepted in the definition stand excluded from the definition.The decision of the Supreme Court in Burma Shell's case [ 1970 (2)LLJ. 590 ] is to be applied to ascertain whether a person employed in a particular job would be a workman or not.If we analyse the cases of professionally qualified persons such as Doctors, C.As,Lawyers and the like employed in an industry in the light of the above and such other Judicial decisions, we would be able to determine whether they are workmen or not.For this the following observation of the Supreme Court in Arkal Govindaraj Rao v. CIBA Geigy of India Ltd.,Bombay [ 1985 LIC 1008 ] would be helpful: "... The test that one must employ in such a case is what was the primary, basic or dominant nature of duties for which the person whose status under enquiry was employed. A few extra duties would hardly be relevant to determine his status.The words like managerial or supervisory have to be understood in their proper connotation and their mere use should not detract from the truth." Following the above decisions and Ved Prakash Gopta v. Dalton Cable India (P)Ltd.(1984 LIC. 658) the High Court held that the duties of the Asst. Medical Officer employed by the Railway to treat the patients who are employees of the Railways and their families are technical and that any supervisory functions such doctor may exercise are incidental to the discharge of his duties as a Medical Attendant of the Raiway employees and their families[ Dr.Surendra Kumar Shukla v. Union of India and others - 1986 LIC. 1516 ]
From India, Salem
kbijaya20
Whether para medical staff are coming under workman category as pr industrial dispute act
From India, Bhubaneswar
umakanthan53
6014

Yes; para medical staff like nurses, pharmacists, lab technicians, radiographers etc., are employed only to support and supplement the medical works.
From India, Salem
If You Are Knowledgeable About Any Fact, Resource or Experience Related to This Topic and Want to Be Part of our support system - Please Register and Log In to CiteHR.




About Us Advertise Contact Us Testimonials
Privacy Policy Disclaimer Terms Of Service

All rights reserved @ 2023 CiteHRŽ

All Material Copyright And Trademarks Posted Held By Respective Owners.
Panel Selection For Threads Are Automated - Members Notified Via CiteMailer Server