Dear Colleague,
Kindly have a perusal of the definition of "Workman" under the provisions of Industrial Disputes Act 1947:
2[(s) “workman” means any person (including an apprentice)employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this Act in relation to an industrial dispute, includes any such person who has been
dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any
such person-
(i) who is subject to the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957); or
(ii) who is employed in the police service or as an officer or other employee of a prison, or
(iii) who is employed mainly in a managerial or administrative capacity, or
(iv) who, being employed in a supervisory capacity, draws wages exceeding ten thousand six hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature.]
In general " Person employed mainly in Managerial Capacity are excluded from the definition of " Workman" But he should be Manager in Letter and Sprit. Only designating some one as Manager but engaging him in non-managerial activities mainly will make him as Workman and in such case he will be proving that the name " Manager" was only in paper but really he worked in Clerical or other Technical Jobs mainly.
In short if the person is Manager in letter and sprit and really he as working as " Manager" then he many not seek relief under the provisions of Industrial Disputes Act 1947 as he will not be deemed to be Workman. But he is open to seek Civil relief through Court. Hence take call suitably based on real practice and real factual engagement of the employee as Manager or otherwise
All the Best, God Bless,
Dr.P.SIVAKUMAR
Doctor Siva Global HR
Tamil Nadu