Dear Seniors,
I am working in a service industry and recently joined this Company. There is one legal case going on in Labour Court. One of our Sr. Sales Executive who was working independently and reporting to AGM - Sales. He was transferred to another place and instead of joining he filled a case in Labour Court u/s 2A of ID Act.
Can a Sales Executive be treated as a workmen under the Act?
Please advise.
Thanks
Aditya

From India, New Delhi
nathrao
3096

To give effect to the objects of ID Act, the courts have followed a purposive approach while interpreting the term workman‟ and industrial dispute‟. The emphasis is laid on the nature of duties and powers conferred on an employee rather than the designation.
To see whether your sales executive is a workman one will have to see his job charter.
What is his pay scale?
Sec 2(s) of ID act defines workman.
Has the labour court accepted the case?
Prima facie I dont think here the sales executive falls in workman category.

From India, Pune
I don't see the logic that executive can not be a worker
The courts have decided in many cases that a person is a worker based on the work he has done, not based on what designation he is given.
So it will depend on his work and how it matches with the criteria of workers in the act.

From India, Mumbai
nathrao
3096

""So it will depend on his work and how it matches with the criteria of workers in the act.
Saswata,
I full agree with this statement and my post amplifies this concept.
Here I added this sentence because somehow I felt that this gentleman does not fall in worker category as he reports directly to an AGM level office and may be having a higher pay scale.
May be my prima facie observation about this case could be wrong.

From India, Pune
Yes, agree.
We don't know the industry (probably construction it seems from posters profile) but most companies in india call their sales men as executives. So he is a sales man, which means he is not a manager. He is doing direct sales activity and will have no administrative functions.
Let's wait for th OP to reply....

From India, Mumbai
Thanks for your input. In my case the person working as Sr. Sales Executive is a MBA with around 8+ years of experience. His CTC is Rs. 5.60 L p.a. He is handling an independent profile of handling one major key account. He is reporting directly to AGM but there is no one working under him
He is doing BD work, submitting tenders / quotations, getting work orders, signing on work orders as authorized signatory.
Will he still comes under Workmen definition under ID Act. What he was contesting that he does not have any financial power hence he is a workmen.
Thanks
Aditya

From India, New Delhi
nathrao
3096

Your friend is not a workman and cannot get relief by claiming to be a workman.
From India, Pune

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