Id act 1947
Zia
(Querist) 02 March 2014
This query is : Resolved
1. Are contract labour covered under the definition of "workmen" in ID Act 1947.
2.Are contract labour covered under the provisions of ID Act with respect to retrenchment & lay off.
Zia
(Querist) 02 March 2014
Devinder Singh vs Municipal Council,Sanaur on 11 April, 2011
Bench: G.S. Singhvi, Asok Kumar Ganguly
HELD: 1.1 Section 2(s) of the Industrial Disputes Act, 1947 contains an exhaustive definition of the term `workman'. The source of employment, the method of recruitment, the terms and conditions of employment/contract of service, the quantum of wages/pay and the mode of payment are not at all relevant for deciding whether or not a person is a workman within the meaning of s. 2(s) of the Act. The definition of workman also does not make any distinction between full time and part time employee or a person appointed on contract basis. There is nothing in the plain language of s. 2(s) from which it can be inferred that only a person employed on regular basis or a person employed for doing whole time job is a workman and the one employed on temporary, part time or contract basis on fixed wages or as a casual employee or for doing duty for fixed hours is not a workman. [Para 12 to 14 ] [880-E-H; 881-A-C]
1.2 Whenever an employer challenges the maintainability of industrial dispute on the ground that the employee is not a workman within the meaning of s. 2(s) of the Act, what the Labour Court/Industrial Tribunal is required to consider is whether the person is employed in an industry for hire or reward for doing manual, unskilled, skilled, operational, technical or clerical work in an industry. Once the test of employment for hire or reward for doing the specified type of work is satisfied, the employee would fall within the definition of `workman'. [Para 15] [881-D-E]
Yes Contract labour are coverd under ID Act.
Zia
(Querist) 02 March 2014
Test to determine “Workman”-
Following points are not at all relevant in deciding whether or not a person is a workmen within the meaning of the Section 2 of the Industrial Disputes Act (Devinder Singh v Municipal Council, (2011) 6 SCC 584).
1.Source of Employment
2.Method of Recruitment
3.Terms and Condition of Employment/Contract of Service
4.Quantum of Wages/Pay
5.Mode of Payment
Once the test of employment for hires or reward for doing the specified type of work is satisfied, employee would fall within definition of “workman”.
Full Time or Part Time
What is also important to note is that the definition of workmen doesn’t make any distinction between fulltime or part time employee or a person employed on contract basis. Labour/Industrial Court must determine whether a person is employed in an industry for hire or reward for doing manual/skilled/unskilled/operational/technical/or clerical work in an industry (New India Assurance Co Ltd. v A Sankaralingam, (2008) 10 SCC 698).
T. Kalaiselvan, Advocate
(Expert) 04 March 2014
What is that the author want to clarify here when he raises a query and answers himself.
