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Babu AlexanderAs per definition in Industrial Disputes Act, that employees performing managerial or administrative functions or working in supervisory capacity and drawing wages exceeding Rs.1,600 per month are outside the purview of the definition of workmen.
However, the Act does not define, what are the functions, which can be said to be of managerial nature and supervisory capacity. The interpretation of these two concepts depends on the facts of each case.
Describing certain functions as managerial or administrative does not take the employees performing them outside the scope of definition of workmen if the independence of decision-making and binding nature of such decisions is not established. It has to be proved that the functions performed by the employees having some elements of managerial/administrative or supervisory capacity carry independent decision-making power binding on the organisation. Then only employees performing such functions are outside the purview of the definition of the workmen under ID Act. Determination of these questions to be decided on the basis of facts as supported by required evidence.
From India, Madras