Understanding Legal Protections: Can Staff Get the Same Rights as Workmen?

Hi seniors,

Could you clarify my doubt? In most companies, there is recognition for workmen who are protected by laws. However, for staff who are not recognized by the employers, when the higher authority decides, they are immediately called and forced to resign. Is there any legal provision to differentiate the staff category? Is it not possible to provide legal protection to staff like workmen?

There is no word "staff" in law or any act. This term is created by us to signify that you are staff and cannot do anything, which is totally wrong.

Yes, there is a term called "workman." Then the question arises: who is a workman and who is not? It is very difficult to understand and depends upon the nature of the job you are performing. If you are doing any supervisory or managerial work, then you are not a workman. You should understand that the Supreme Court has given a judgment where Air India pilots were categorized as workmen.

Either you are a workman or not under the Industrial Disputes Act. If you are a workman by the nature of your job, then you can seek assistance from the Industrial Disputes Act. Those who are not workmen remain unprotected.

Everyone has the protection of laws of the land. However, only those who are 'workmen' are not entitled to the special protection of the Industrial Disputes Act and similar enactments.

Trade Unions and Legal Rights

Trade unions, as per the Trade Union Act, are associations or combinations formed primarily to regulate the relationship between workmen and employers, between workmen and workmen, or between employers and employers. The law recognizes the term "workman," and the artificial distinction of "staff" to deny the right of workmen to form associations is against the Indian Constitution, which, via Article 19(1)(c), guarantees the "right to form associations or unions."

Forcing staff by an employer to resign from a union falls under "unfair labor practice" as defined in the Industrial Disputes Act, 1947. It attracts punishment of imprisonment, a fine, or both.

Regards

Dear Marul,

Adv. Ritesh has explained. Please go through the ID Act. Either you are a Workman or not, it defines. There are case laws on this.

Regards.

We have to act as per employment terms and conditions. We can take the shelter of the Industrial Dispute Act.

Thank you.