Issue of workman or non workman
skg
(Querist) 19 February 2013
This query is : Resolved
Dear experts,
A Madras based company is taking services of two consultants
for one of its factory in U.P. one for accountancy and other
for Income Tax.There is an old employee working for last 15
years and at present in designation of Sr. executive in
management grade Man-2 (grading system Man-1 TO Man-9,
EXECUTIVE TO VP).
This employee is a science graduate working in tax departent
for last 15 years handling routine tax matters earlier under
his CA colleagues and now under guidance of Income Tax
consultant and sends tax related papers of employees and
make correspondences/emails with Tax Department H.O. at
Madras as per queries raised by employees of UP unit after
taking consultancy from Income Tax Consultant on their
Income tax related issues.
In his appointment letter there are two clauses which are as
follows:
DUTIES/REPONSIBILITY : You will have the
responsibility of efficient, satisfactory and economical
discharge of duties, directions and instructions assigned or
communicated to you by management or those in authority
over you from time to time.
PLACEMENT : You will be liable to be transferred to any
existing or future department, office or establishment forming
part of the company or to any of its associates in India or
abroad without adversely effecting remuneration and such
posting will be governed bt the rules as related to such
appointments.
My questions are related to definition of Workman applicable
on this employee.
1) Being an executive,a science graduate and solving queries
of factory employees after taking guidance and consultancy
from Income Tax consultant whether he will be considered as
a workman or a non workman on the ground that after taking
consultancy he is advising the other employees and thus
taking independent decision.?
2) Whether as per terms of his appointment letter regarding
his reporting to only authority over him and utilization of his
service in any existing or future department will point to the
conclusion that his services will always be of clerical nature
since only a clerical employee can be deputed to
different/various department and so he will always be a
workman ?
pls provide your opinion on workman issue.
skg
R.K Nanda
(Expert) 19 February 2013
query too long.contact local lawyer.
skg
(Querist) 19 February 2013
local lawyer says that employee will be workman so second opinion or difference of opinion is required.
pls provide in case you have any relevant case law in your support
rgds
R.K Nanda
(Expert) 19 February 2013
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