Legal Consultant :- workman or not ?

workman has been defined in the insutrial disputes act1947. section 2( s) i   idont think a legal consultant is a workman. it has also to be   looked into as to  what type of work  he is expected to do in the concernd  establishment . please see section 2(s) i     2)ii  2)iii .please go through the latest amendmend to the id act also.  my email id is shramiklaw@yahoo.co.in  prathapachandran

1.  Consultant of any type is a "free-lancer" and is entitled to receive a pre-determined fee and/or a retainership fee alongiwth appropriate conveyances and other incidentals.

2.  A co. may engage a consultant for a specific job/purpose for a specific period / notice period  on deciding a fee without the component of the term salary / DA/ PF / perks / paid leaves / yearly increments and so on.   A consultant is not an employee and hence is not a workman under any law.  The relation between a consultant and a company is a "consultant-client relationship"  whereas the relation between a legal officer and a company is a "employee-company relationship".

3.  The confusion is caused due to the designation as a "legal consultant"  wherein actually it should be re-phrased to "legal officer",  which now can be termed as a employee enjoying all the salary components alongiwth with perks, paid leaves and so on.

4.  A legal consultant provides opinions / suggestions and does not have the jurisdiction to issue orders or implement them and is actually a service provider.  Whereas a "legal officer", is the one who could implement the opinions / suggestions / directions and has complete jurisdiction to issue orders and officially compel others to implement his orders.  A "legal consultant" by virtue of its title does not have the jurisdiction to appear in court on behalf of its clients whereas a legal officer can be deputed by the company via a BOD resolution to appear in courts on behalf of the company.

Keep Smiling .... Hemant Agarwal

If you are not getting wages, you are not a workman. If you are getting remuneration as fee for hire, you are a freelance legal consultant.

No The Advocate will not come into the purview of workman.

@ above all
thanks for providing your valuable views.