when i had to make a ppt for my class presentation ,i could not find any ppt on the subject so when i made it ,thought i would share :)

1. 
INDUSTRIAL DISPUTES
Act , 1947

2. DEFINITION OF WORKMAN
Under sec 2 (s) of the Industrial Disputes Act, a
workman means any person (including an
apprentice) employed in any industry to do any
1.skilled or unskilled
2.manual
3.supervisory
4.technical
5.clerical or operational

3. 

Skilled or unskilled :- when work can be done
with some technique or when some skills is used
or before doing it, training is necessary , then
such a work is called as ‘ skilled work’ .
Manual :-A manual worker is any worker who
performs physical work arising out of manual
efforts. When a person is required to use his
legs or is simply required to keep standing that
person will be treated as workman . In B.I.C vs.
Ram Bahadur , the court held that member of
watch and ward staff were doing manual work
and hence included as workman

4. Supervisory work
The word ‘ supervision ‘ means to over see or to look
after . Therefore, supervision in this connection is the
supervision by an employee in a higher position over
the employees in lower position.
Exceptions
1. either , by the nature of his duties or by reason of
powers vested in him ,he performs mainly
managerial
functions or
2. He draws wages exceeding Rs. 10,000 per month

5. Technical work


An employer must posses technical
knowledge to be included as a technical
worker . Once there is an application of
such knowledge the employee falls within
the definition of worker.
For eg:- A pilot with air india ,draftsman ,
engineers etc

6. CLERICAL WORK


A clerical worker is a person who works in an
office performing routine desk work such as
keeping records, attending to correspondence or
filing of papers etc.
such work may be skilled or unskilled .

7. Other factors
Employed :- In dhrangdhara chemical works Ltd
vs. State of shaurashtra , 1957 I llJ 477, SC ruled
that the condition for a person being a workman
is that he should be employed ( employer –
employee relationship)
Industry :-The definition states that unless a
person is employed in an activity which is an
industry he will not be a workman ( definition of
industry given in sec 2 (j) )

8. 

Hire or reward :- In order to show a person
within scope of definition, he must be
shown to have been working for hire or
reward . Hire imports obligation to pay and
reward is used when there is no obligation
to pay .
The terms of employment can be express
or implied

9. BURMAH SHELL MANAGEMENT OIL
STORAGE V.BURMAH SHELL STAFF
ASSOCIATION


It was held that if the work is not of such
nature as specified in definition ,the
person concerned will not be a workman
When an employee is doing more than
one type of work , his main work will
determine whether he is a workman or not

10. A workman must be held employed to do that work
which is the main work he is required to do ,even
though he may be incidentally doing other types
of work. Therefore , in determining which of the
employees in the various categories are covered
by the definition of workman , one has to see
what is the main work which they are employed
to do .
It was held that if a person does mainly
supervisory work and incidentally clerical work ,
he is employed in supervisory work

11. purpose (definition)

Includes for the purposes of any
proceeding under this act , in relation to an
industrial dispute , any such person who
has been dismissed , discharged or
retrenched in connection with, or as
consequence of that dispute , or whose
dismissal , discharge or retrenchment has
led to that dispute ;

12. Who is not a workman (definition)





Any such person –
1) who is subject to the army act ,1950 or the air force
act , 1950 or the navy act , 1957
2) who is employed in the police service or as an officer
or other employee of a prison
3)who is employed mainly in managerial or
administrative capacity
4)who being employed in a supervisory capacity draws
wages exceeding Rs.1600 per mensem or exercises
either by the nature of duties attached to the office or by
reason of the powers vested in him , functions which are
mainly of a managerial nature .

13. Tests
In Aloysuis Nunes vs. Thomas Cook india ltd :- it
was held that various tests are required to find
out if an employee is a workman.
1)Whether the employee can examine quality of
work
2)Whether he has power to assign duties
3)Can he indent materials and distribute amongst
4)Are there person working under him
5)Has the power to supervise men and not merely
machines.

14. Thank you