Labour Law & Hr Consultant
Agency Manager

Thread Started by #SDUTT2001

I have some queries can u pls. advise on these
1) are private life insurance co. covered under state or center govt e.g. icici pru , Bajaj allianz, bharti axa etc.
2) a person working on sales manager post in above co.s drawing basic pay less than 10000/- pm but in hand more .whether he will be treated as workmen under I'd act.
3)whether industrial tribunal cum labour court has power to give award or refer case to civil court.
4) A case is pending with industrial cum labour court as the life ins. co. is exparte two or three times since 2009. what will be impact on this case of these amendments.
I shall be very grateful for ur prompt reply.
11th September 2015 From India, Mumbai
Dear Dutt,

(1) Since they are establishments covered under the respective State's Shops and Estt Act, the respective State Govt., is the Appropriate Govt., under the ID Act,1947

(2) The ceiling on wages per mansem is the deciding factor only in respect of persons doing supervisory work. In respect of workmen and persons having predominantly managerial nature of work wages drawn is not at all a criterion for deciding their nature of employment. It would imply, therefore, a workman drawing more than the ceiling would still be a workman and a manager drawing less than the ceiling amount would still be a manager. But, a supervisor would cease to be a workman when his wages cross the ceiling.

(3) The Courts and Tribunals constituted under the ID Act are exclusive adjudicatory authorities in respect industrial disputes clothed with certain essential powers of Civil Courts. Therefore, no necessity for them to make any reference to Civil Courts.

(4) A case would be decided exparte only when there is no representation nor any counter statement on the side of the respondent.
11th September 2015 From India, Salem
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