Staff & Workmen Difference - CiteHR
Pvenu1953@gmail.com
Retired Government Servant/advocate
MARUL1970
Manager - Labour&ir
Riteshmaity
Labour Law Advocate
Malikjs
Gm (hr)
Yrshirke
Hr / Ir
HRM PGDM AIMA
Joint Manager In Dabur Nepal Pvt Ltd.
+1 Other

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Hi seniors, Could you clarify my doubt? In most of companies having recognition for workmen. They are having protection by laws. But for staffs not recognized by the employers. When the higher authority thinks,immediately they are calling and getting resignation by forcefully. Is there any law provision for separate to staff category? Not possible to get law protection to staff like workmen?
Dear
There is no word staff in law /act.this word is created by ourself that you are staff you can not do anything it is totally wrong.
yes ,there is a word called workman than question comes who is workmen and who is not workman it is very difficult to understand and depends upon nature of job you are performing .if you are doing any supervisory or managerial work than you
are not a workman .you should understand that supreme court has given judgement where aiur india pilots were categorized
as workman

Either you are a workman or not under the Industrial Disputes Act. If you are a workman by nature of your job, then you can seek assistance from the Industrial Disputes Act.
Those who are not workmen, they remain unprotected.

Everyone has the protection of Laws of the Land. It is only that those who are 'workmen' do not are not entitled for special protection of Industrial Disputes Act and similar enactments.
Trade union as per Trade Union Act is an association or combination formed primarily for regulating the relation between workman and employers or between workman and workman or between employers and employers.
The law recognisees the term “workman” and the artificial distinction of “staff” to deny right of workman to form association is against Indian Constitution which vide Article 19(1) ( c ) guarantees “right to form associations or unions”.
Forcing staff by employer to resign from Union comes under “unfair labour practice” as defined in Industrial Disputes Act, 1947. It attracts punishment of imprisonment with fine or both.

Dear Marul , Adv. Ritesh has explained .Pl go through ID Act .Either you are Workman Or not it defines .There are Case Law on this .Regards .
we have to act as per employment terms and conditions. We can take the shelter of Industrial Dispute Act.
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