Case Study: What Vandana Joshi v/s Standard Chartered Bank Reveals About Workman Law

Dear friends,

Please find attached a case study of Vandana Joshi v/s Standard Chartered Bank on workman. This was published on 26.12.2009 in Times of India.

Dear Bakshi ji,

Thank you for sharing the information. Please keep track of the case as there may be an appeal against this. To offer comments or feedback, we need to study the judgment in detail. We cannot provide any comments based solely on a news report, as it is a summary of the case. We need to understand how a "personal financial consultant" falls within the definition of a workman under the ID Act.

KCS Kutty

Dear friends,

A copy of the full judgment of the Bombay High Court in the given case is attached for the information of all.

Regards,

Thank you, Mr. PC Agarwal, for posting the entire judgment. A very interesting read. I would particularly like to quote the following lines from the judgment:

"'Tests of control which were appropriate to a society thirty years ago have become relics of an era which India has left behind in the annals of history. The law has kept pace with the times by recognizing that in order to determine whether a person is a workman under Section 2(s), contemporary notions of business cannot be stratified by notions of economic organization developed for an era which is no more.'"

A welcome sign from the judiciary.

Thanks & Regards

Dear Mr. Agarwal, Mr. Jai Bakshi,

Thank you for your valuable inputs. I am searching for similar judgments to differentiate between Workmen and Non-Workmen such as Managers, Officers, or other roles. If you could provide further insight into the issue, such as the key principles to be applied in job roles, appointment letters, and day-to-day work execution to prevent employers like SCBank from encountering such cases, it would be greatly appreciated.

"There is no greater wisdom than sharing it."

Thank you once again for your inputs.

S. Kannan
9626262956

Hang on, guys, the fight is still on. This case started with Hon'ble CGIT-II, and Hon'ble CGIT-II was pleased to decide this case in favor of the workman. The Bank filed Writ Petition 975 of 2009 and succeeded. The Petitioner filed an Appeal No. 67 of 2010. She lost, and then she filed a Review in Hon'ble High Court, but the Review got dismissed. The lady then approached the Hon'ble Supreme Court in SLP No. 4217-18 of 2011. The SLP contains 12 questions of Law. The matter is sub judice, and the law is still the same.

Respected Sir,

Any employee engaged in functions such as budgeting, finance, accounts, compliance, or administration within these departments; can they be termed as a manager or in a managerial role because of the nature of these job functions?

Dear Sir/Madam,

I am working in a public sector production unit as a supervisor. Could you please clarify whether a supervisor falls under the category of a workman in the Industrial Disputes (ID) Act?

Thank you.