Kalyan R
Deputy General Manager - Personnel

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can a person whose designatio is Assistant Purchase Manager in any factory be a workman as per section 2(s) of the ID Act 1948?
Has he got any one reporting to him>?? Refer to Madras High Court Judgement may be 1979 or 89 or 81 on this subject in Ashok Leyland case
There was a Purchase officer who was terminated went to Labour Court and he won the case. I do not remember the year but definitely between 1979 and 1981. This judgement lays down conditions fo deciding whether an employee is a workman or not.

As far as determining the status of workman under the Industrial Disputes Act, 1947 is concerned, the courts will see whether the job he/she performs is supervisory in nature or not.
Nomenclature/Designation is not an issue. If a person is designated as Manager and he performs the job which is non supervisory in nature, then he will squarely falls under the definition of workman under the ID Act and he can seek remedy under the Act.

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