Is Salesman a Workman under the ID Act, 1947
Angel
(Querist) 09 July 2009
This query is : Resolved
We would like to know whether a salesman is classified as a workman under the ID Act, 1947? Are there any case laws to the contrary?
Thanks!
H. S. Thukral
(Expert) 13 July 2009
Salesman is not a workman under the ID Act as such, as he does not fall under section 2(s) of the Act but for the benefit of sales promotional employees, Sales Promotion Employees conditions of service act was enacted, which would be applicable to sales promotion employee on notification by the government. In the first instance it has been made applicable to medical representative only. However mere designation of an employee is not enough to categorise him. Some salesmen may come under the ID Act as workmen provided the nature of duties is mainly clerical, technical, manual etc as per section 2(s). There are number of cases where the salesmen have beeen held to be workmen.
