Whether an employee would be a workman u/s 2(s) of the ID Act,1947 is both a question of fact-cum-law which can be decided in adjudication only. Similar is the case of any disputed question of termination of employment. Therefore, it cannot be decided by the Conciliation Officer one way or the other except issuing a conciliation failure certificate.
From India, Salem
As per your statement primarily the Employee is not subjected any disciplinary action and was not issued with any termination letter and hence his representation with the Labour Department become void in the absence of any official communication issued to him. Secondly as he is working in supervisory cadre and hence there is no base for his complaint with Labour Department. You may submit a detailed report to the Labour Officer concerned about his baseless allegation against the employer.
From India, Madras