In the ID Act it mentioned that the workmen drawing less than 10,000/- pm is covered under the ID Act.
My question is that if any worker drawing moren than 10,000/- pm. Is he not covered under ID Act?
GIRI
From India, Hyderabad
4My question is that if any worker drawing moren than 10,000/- pm. Is he not covered under ID Act?
GIRI
From India, Hyderabad
The definition u/s 2(s) of ID Act is not exclusive one but it should be interpreted on the basis of functions and responsibilities that the particular employee is having in the organisation. Therefore, all employees who do not possess supervisory or managerial rights come under the definition of workman even if they draw more than Rs 10000. Various judgement say that an employee who is given the authority of either sanctioning leave to his subordinates, authority to initiate disciplinary action against his subordinates or authority to appraise/ evaluate the performance of his subordinates is a managerial or supervisory employee. As such those who do not fall under the above shall invariably be a workman. It may also be noted here that Pilots who draw monthly salary of more than five lakhs are workman under the ID Act just because of these reasons.
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
Dear Madhu,
Can you please explain the Section 22 of ID Act, as I have some doubt and not cearly understand the first point in Section 22. Further in one interview I was asked that the public utility service industri should give notice and what is the condition of non-public utility service industry? Please explain.
GIRI
From India, Hyderabad
Can you please explain the Section 22 of ID Act, as I have some doubt and not cearly understand the first point in Section 22. Further in one interview I was asked that the public utility service industri should give notice and what is the condition of non-public utility service industry? Please explain.
GIRI
From India, Hyderabad
Provisions relating to notice before striking or locking out applies to public utility services. A Public Utility service is so declared by the Govt. considering the facts that such companies if gone on strike or lock out would cause the public into troubles. Therefore, all companies which are not declared as public utilities will not come under the scope of this provision. As such if the employees of a company which is not a public utility service commences strike without giving 14 days notice or commences strike after 45 days of giving a strike notice, that strike will not be considered as illegal strike. However, a strike by employees while a settlement is in force or a conciliation is in progress will be treated as illegal as per section 23 of the ID Act. This applies to lock out also.
Madhu.T.K
From India, Kannur
Madhu.T.K
From India, Kannur
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ID ACT SEC.33(A) A BRIEF NOTE.pdf
ID Act.doc