We all know with regards to the Industrial Disputes Act and various court judgments that, irrespective of salary and designation, the nature of duties will decide whether the employee falls under the purview of the ID Act. Even a director-designated employee drawing a five-figure salary can be termed as a workman based on the following criteria:
1. The role is handled independently, working with their own hands.
2. They do not have subordinates under their post.
3. They are not authorized to sanction leaves or appraise any employee.
4. They cannot authorize disciplinary action on any employee.
If the same is to be authenticated by the labor commissioner, they may give a vague reply. In that case, what legal forum should the employee approach to get the roles and responsibilities authenticated as a workman?
From India, Bangalore
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1. The role is handled independently, working with their own hands.
2. They do not have subordinates under their post.
3. They are not authorized to sanction leaves or appraise any employee.
4. They cannot authorize disciplinary action on any employee.
If the same is to be authenticated by the labor commissioner, they may give a vague reply. In that case, what legal forum should the employee approach to get the roles and responsibilities authenticated as a workman?
From India, Bangalore
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Filing a Case in Labor Court
You can file a case in any labor court or industrial tribunal provided that you are a 'workman' under the ID Act. If there is a dispute regarding the status of the workman (whether he is a workman or not), the court may address this issue as a preliminary point before dealing with the merits of the case. If it is proven that the applicant is a workman, the court will proceed with the merits of the case; otherwise, the case will be dismissed immediately. Only under these circumstances can the court 'authenticate' that the applicant is a workman.
Role of the Labor Commissioner
The labor commissioner does not have the authority to issue any orders. He can merely act as a conciliation officer and attempt to settle the dispute between parties. If such a dispute is not settled, then an order of reference is made.
From India, Kolkata
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247You can file a case in any labor court or industrial tribunal provided that you are a 'workman' under the ID Act. If there is a dispute regarding the status of the workman (whether he is a workman or not), the court may address this issue as a preliminary point before dealing with the merits of the case. If it is proven that the applicant is a workman, the court will proceed with the merits of the case; otherwise, the case will be dismissed immediately. Only under these circumstances can the court 'authenticate' that the applicant is a workman.
Role of the Labor Commissioner
The labor commissioner does not have the authority to issue any orders. He can merely act as a conciliation officer and attempt to settle the dispute between parties. If such a dispute is not settled, then an order of reference is made.
From India, Kolkata
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Bombay HC on workman ID Act.pdf
Legal provision in ID Act 1947.doc