Have you been recommending his leave applications?
Are these leave application forms available with company?
The main issue is whether you are a workman-though profession is a skilled one.
Have you any communication that benefit of wage revision is applicable to you?
In John joseph khokar vs. bhadange B. S. & ors 1998 (1) LLJ 447 (bom) it was held that in determining that whether a person is a workman or not the court has to principally see main or substantial work for which he is employed. Neither designation nor any incidental work done by him will get him outside the purview of this Act.
Supervision of asst was incidental to your main clerical job.
How much supervision did you have to do on contractual asst?
You need to contact a labour law specialist for seeing facts on ground and advising you.
You have grounds to contest the appeal of your compay which prima facie has some good points,but deeper scrutiny may help you get benefits of wage revision.
19th June 2015 From India, Pune
20th June 2015 From India, Salem
Assistant was given for not more than six months. Infact, I was just signing for his attendance on the card and my job was to impart training. There were no separate leave application forms. Company has not communicated the benefits of wage revision in writing to any of non-unionised employees , however I have with me the copy of Office Memo saying that as a practice company revise the salary of non-unionised staff at par with the Unionised staff and the benefits may be given. This note has been signed by members of the BODs.
As you rightly pointed out that my supervision was incidental in nature.
22nd June 2015 From India
Definition of "workman" , is provided under Sec. 2(s) of the Act is as under:
"Workman" is 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 proceedings 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.
Read comments by Mr Umakanthan carefully.
It gives you material to understand that settlement entered into with union is equally applicable to you also.
23rd June 2015 From India, Pune