Sogemar
Ir Manager
Riteshmaity
Labour Law Advocate

Anonymous
Hello,
We all know w.r.t ID act and various court judgment that,
Irrespective of salary and disignation, based on nature of duties will decide weather the employee is falling under preview of ID act
That is even director designated employee drawing salary of five figures can be termed as workmen based on fallowing
1.The role is handled independently,working with own hand
2.who do not have reporters under his post .
3.who is not authorised to sanction leave or apprise any employee.
4.who can not authorise to conduct deciplinary action on any employee
If same is to be authenticated by labour commissioner, he may give vague reply.
Then,what legal forum employee,should approach to get the roles and responsibilities are authentication as workmen?

From India, Bangalore
You can file a case in any labour court/ industrial tribunal provided that you are a 'workman' under the ID Act. If there is a dispute with the status of the workman (whether he is a workman or not), then the court may hear the issue of whether the applicant is a workman or not as preliminary points before dealing with merits of the case. Now, if it is proved that the applicant is a workman, then it will go with merit of the case, otherwise the case will be dismissed immediately. Only under this circumstances, the court can 'authenticate' that the applicant is a workman.
Labour commissioner does not have the capacity to give any order. He can merely acts as a conciliation officer and tries to settle the dispute between parties, and if such dispute is not settled, then a order of reference is made.

From India, Kolkata
The question of workmen is already settled by the Apex courts by Justice Krishna Iyer. The definition of workmen is time and again clarified by higher courts. Managerial functions are excluded from the definition of workmen.
From India, Mumbai
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