Navigating Labor Laws: Can You Help Clarify These Insurance and Tribunal Questions?

I have some queries. Can you please advise on these?

1) Are private life insurance companies covered under state or central government regulations, for example, ICICI Pru, Bajaj Allianz, Bharti AXA, etc.?

2) If a person working as a sales manager in the above companies is drawing a basic pay of less than 10,000/- per month but receiving more in hand, will he be treated as a workman under the ID Act?

3) Does the industrial tribunal cum labor court have the authority to issue awards or refer cases to civil court?

4) A case has been pending with the industrial cum labor court as the life insurance company has been absent for two or three hearings since 2009. What will be the impact of these absences on the case due to recent amendments?

I would be very grateful for your prompt reply.

Regards,
Dutt

Since they are establishments covered under the respective State's Shops and Establishment Act, the respective State Government is the Appropriate Government under the ID Act, 1947.

Wage Ceiling and Employment Nature

The ceiling on wages per month is the deciding factor only in respect of persons doing supervisory work. For workmen and persons having a predominantly managerial nature of work, wages drawn are not a criterion for deciding their nature of employment. It implies, therefore, that a workman drawing more than the ceiling would still be a workman, and a manager drawing less than the ceiling amount would still be a manager. However, a supervisor would cease to be a workman when his wages cross the ceiling.

Role of Courts and Tribunals under the ID Act

The Courts and Tribunals constituted under the ID Act are exclusive adjudicatory authorities in respect of industrial disputes, endowed with certain essential powers of Civil Courts. Therefore, there is no necessity for them to make any reference to Civil Courts.

A case would be decided ex parte only when there is no representation nor any counter statement on the side of the respondent.

Regards