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?
From India, Chennai
Acknowledge(0)
Amend(0)
2Could 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?
From India, Chennai
Acknowledge(0)Amend(0)
Dear,
There is no word "staff" in law or act. This word is created by ourselves to signify that you are staff, and you cannot do anything. It is totally wrong.
Yes, there is a word called "workman." Then the question arises: who is a workman and who is not a workman? 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.
From India, Delhi
Acknowledge(0)Amend(0)
There is no word "staff" in law or act. This word is created by ourselves to signify that you are staff, and you cannot do anything. It is totally wrong.
Yes, there is a word called "workman." Then the question arises: who is a workman and who is not a workman? 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.
From India, Delhi
Acknowledge(0)Amend(0)
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.
From India, Kolkata
Acknowledge(0)Amend(0)
From India, Kolkata
Acknowledge(0)Amend(0)
Everyone has the protection of Laws of the Land. It is only that those who are 'workmen' do not are not entitled for special protection of Industrial Disputes Act and similar enactments.
From India, Kochi
Acknowledge(0)Amend(0)
From India, Kochi
Acknowledge(0)Amend(0)
Trade union as per Trade Union Act is an association or combination formed primarily for regulating the relation between workman and employers or between workman and workman or between employers and employers.
The law recognisees the term “workman” and the artificial distinction of “staff” to deny right of workman to form association is against Indian Constitution which vide Article 19(1) ( c ) guarantees “right to form associations or unions”.
Forcing staff by employer to resign from Union comes under “unfair labour practice” as defined in Industrial Disputes Act, 1947. It attracts punishment of imprisonment with fine or both.
From India, Ernakulam
Acknowledge(0)Amend(0)
The law recognisees the term “workman” and the artificial distinction of “staff” to deny right of workman to form association is against Indian Constitution which vide Article 19(1) ( c ) guarantees “right to form associations or unions”.
Forcing staff by employer to resign from Union comes under “unfair labour practice” as defined in Industrial Disputes Act, 1947. It attracts punishment of imprisonment with fine or both.
From India, Ernakulam
Acknowledge(0)Amend(0)
Dear Marul , Adv. Ritesh has explained .Pl go through ID Act .Either you are Workman Or not it defines .There are Case Law on this .Regards .
From India, Mumbai
Acknowledge(0)Amend(0)
From India, Mumbai
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.
Industrial Disputes Amendment Act 2010.doc
Industrial Disputes Act 1947.pdf