LABOUR LAW 2020

LAW OF INDUSTRIAL DISPUTES

UNDER THE SUPERVISION OF Asst. Prof. Mrs.

JOMY GEORGE
Submitted by: M. Gowri Padmaja

Roll no: 40719111030

3YEAR LLB— 2nd SEMESTER

KLE Society’s Law College, Bengaluru-91

Phone No: 8088162233

Mail id: gowri.193y009@klelawcollege.org

“DEFINITION AND LAWS RELATING TO

WORKMAN UNDER INDUSTRIAL DISPUTES ACT”
LABOUR LAW

KLE SOCIETY’S LAW COLLEGE, BENGALURU—560091

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ACKNOWLEDGEMENTS

I would like to express my gratitude to my teacher Mrs. Jomy George, who gave
me the golden opportunity to do this wonderful project of LABOUR LAW.
who has also helped me in completing my project. I also came to know about many
new and different things and I am really thankful for giving me this opportunity.
Secondly I am thankful to my parents and friends who helped me in finalizing this
project within a limited time frame.

BY—Gowri Padmaja

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DECLARATION

I hereby declare that the project titled entitled ‘DEFINITION AND LAWS
RELATING TO WORKMAN UNDER INDUSTRIAL DISPUTES ACT’
submitted by me to KLE Society’s Law College; in partial fulfillment of the
requirement for the award of the degree of LLB is a record of bonfide project
work carried out by me under the guidance of Mrs. Jomy George.

I further declare that the work reported in this project has not been submitted and
will not be submitted, either in part or full, for the award of any other degree or
diploma or institute or any other institute or university.

M. Gowri Padmaja

3 Year LLB

2nd Semester

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SYNOPSIS— DEFINITION AND LAWS RELATING TO WORKMEN UNDER I.D. Act

Chapter 1— Introduction

1. Origin and History

2. Definition
3. Industrial Dispute Sec 2(s)

Chapter 2— Workmen

1. Definition
2. Employment
3. The Army Act, 1950
4. The Navy Act, 1934
5. The Air Force Act, 1950

Chapter 3— Parties to Definition

1. Person
2. Employed—
i) Dharangadhra Chemical Works Ltd. Vs State of Saurashtra AIR 1957 SC 264 at 267
ii) Bridhichand Sharma Vs. First Civil Judge
3. Industry
4. Appropriate Government
5. Public Utility Service

Chapter 4—

1. Part time and Full time Workman

2. Skilled and Unskilled manual and operational work

Chapter 5— Supervisory Committee

 Determination of Supervisory Committee

 Union Carbide India Vs. D. Samuel and others (2011) II CLR 485

Bibliography—

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Table of Contents
Chapter 1— Introduction— ..................................................................................................................... 7
Origin and History— ........................................................................................................................... 7
Definition— ......................................................................................................................................... 8
According to Section 2A: ......................................................................................................................... 8

Appropriate Government [Sec. 2(a)]........................................................................................................ 8

Award [Sec 2 (b)] .................................................................................................................................... 8

Industry [Sec. 2(j)] .................................................................................................................................. 8

Industrial Dispute [Sec. 2(k)] .................................................................................................................. 8

CHAPTER—2—WORKMEN—............................................................................................................. 9
Definition— ......................................................................................................................................... 9
The Army Act, 1950— ........................................................................................................................ 10
Short title and commencement— ............................................................................................................ 10

Persons Subjected to Army Law— ......................................................................................................... 10

The Navy Act, 1934— ........................................................................................................................ 10

Short title and commencement.— ........................................................................................................... 10

Persons subject to naval law.— ............................................................................................................. 11

The Air force Act, 1950— .................................................................................................................. 12

Short Title and Commencement— .......................................................................................................... 12

Persons subjected to this Act— .............................................................................................................. 12

CHAPTER— 3—Parties to Definition— ............................................................................................... 13

Person— ........................................................................................................................................... 13
Employed— ....................................................................................................................................... 13
Dharangadhra Chemical Works Ltd. Vs State of Saurashtra AIR 1957 SC 264 at 267—......................... 13

Bridhichand Sharma Vs. First Civil Judge—.......................................................................................... 15

Industry—.......................................................................................................................................... 16
Appropriate government—................................................................................................................. 17
Public Utility Services— .................................................................................................................... 18

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CHAPTER—4—................................................................................................................................... 19
Part time & Full time Workman— ..................................................................................................... 19
Skilled and Unskilled Operational works— ........................................................................................ 20
CHAPTER—5—................................................................................................................................... 20
Determination— ................................................................................................................................ 20
Union Carbide India vs. D. Samuel and others (2011) II CLR 485—...................................................... 21

Conclusion— ........................................................................................................................................ 22
Bibliography—...................................................................................................................................... 22
Case Laws— ......................................................................................................................................... 22

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Chapter 1— Introduction—
Origin and History—

The main purpose of the Industrial Disputes Act, 1947 is to ensure fair terms between employers
and employees, workmen and workmen as well as workmen and employers.. The objective of
the Industrial Disputes Act is to secure industrial peace and harmony by providing machinery
and procedure for the investigation and settlement of industrial disputes by negotiations.

The World War I (1914-1919) brought a new awakening among the working class people who
were dominated by the employers regarding the terms and conditions of service and wages. The
workers resorted to strikes to fulfill their demands and the employers retaliated by declaring
lockouts. During the period 1928-29 the numerous strikes and lock-outs forced the Government
to enact the Trade Disputes Act, 1929.

The Trade Dispute Act, 1929 was introduced for the settlement of industrial disputes. This Trade
Union Act gave the trade unions a legal status. The main object of the Act was to make provision
for the establishment of Courts of Enquiry and Boards of Conciliation with a view to
investigating and settling trade disputes.

But, this Act failed to create favorable atmosphere in the industry and settle the disputes. The
main defect of the Act was that no provision was has been made to render the proceedings
institutable under the Act while restraint had been imposed on the right of strike and lock-out in
the public utility services. But, later this defect was overcome by empowering under Rule 81-A,
of the Defense of Indian Rules to refer industrial disputes to adjudicator for settlement during the
Second World War (1938-1945).

The rule provide speedy remedies for industrial disputes by compulsory reference of disputes to
conciliation or adjudication, by making the awards of adjudicators legally binding on the parties,
by prohibiting strikes and lock-outs during the pendency of conciliation or arbitration
proceeding.

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Definition—

According to Section 2A: Where any employer discharges, dismisses, retrenches or otherwise
terminates the services of an individual workman, any dispute or difference between that
workman and his employer connected with, or arising out of, such discharge, dismissal,
retrenchment or termination shall be deemed to be an industrial dispute notwithstanding that no
other workman nor any union of workmen is a party to the dispute.

Industrial Disputes have adverse effects on industrial production, efficiency, costs, quality,
human satisfaction, discipline, technological and economic progress and finally on the welfare of
the society. A discontent labour force, nursing in its heart mute grievances and resentments,
cannot be efficient and will not possess a high degree of industrial morale. Hence, the Industrial
Dispute Act of 1947, was passed as a preventive and curative measure.

Appropriate Government [Sec. 2(a)] : Appropriate Government means the Central Government
in relation to any industrial dispute concerning any industry carried on by or under the authority
of the Central Government, any industry carried on by a Railway Company, any controlled
industry specified by the Central Government, The Unit Trust of India. Corporations under the
Central Statutes, Banking company, Insurance company. Mines. Oil field, Cantonment board,
Major ports, etc. In relation to any other industrial dispute, the appropriate Government is the
State Government.

Award [Sec 2 (b)] means an interim or a final determination of any industrial dispute or of any
question relating thereto by any Labour Court, Industrial Tribunal or National Industrial Tribunal
and includes an arbitration award made under section 10A;

Industry [Sec. 2(j)]: Industry means any business, trade, undertaking, manufacture or calling of
employers and includes any calling, service, employment, handicraft or industrial occupation or
avocation of workmen.

Industrial Dispute [Sec. 2(k)]: means any dispute or difference between employers and
employers, or between employers and workmen, or between workmen and workmen, which is
connected with the employment or non-employment or the terms of employment or with the
conditions of labour, of any person.

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CHAPTER—2—WORKMEN—
Section 2(s) defines workman as—

“Any person (including an apprentice) employed in any industry to do any manual, unskilled,
skilled, technical, operational, clerical or supervisory work, for hire or reward, terms of
employment be express or implied and includes any such person who has been dismissed,
discharged or retrenched in connection with, or as a consequence of dispute.”

It excludes persons employed in army/Navy/Air Force/Police and those employed in mainly

managerial or administrative, supervisory capacity and drawing wages of more than INR 6500.

Definition—

Section 5 of “ workman" means any person (including an apprentice) employed in any industry
to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire
or reward, whether the terms of employment be express or implied, and for the purposes of any
proceeding under this Act in relation to an industrial dispute, includes any such person who has
been dismissed, discharged or retrenched in connection with, or as a consequence of, that
dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not
include any such person--
1) who is subject to the Air Force Act, 1950 (45 of 1950 ), or the Army Act, 1950 (46 of 1950 ), or
the Navy Act, 1957 (62 of 1957 ); or
2) who is employed in the police service or as an officer or other employee of a prison; or
3) who is employed mainly in a managerial or administrative capacity; or
4) who, being employed in a supervisory capacity, draws wages exceeding one thousand six
hundred rupees per mensem or exercises, either by the nature of the duties attached to the office
or by reason of the powers vested in him, functions mainly of a managerial nature.

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The Army Act, 1950—

Short title and commencement—

 This Act may be called the Army Act, 1950.

 It shall come into force on such date1as the Central Government may, by notification in the
Official Gazette, appoint in this behalf.

Persons Subjected to Army Law—

(a) Officers, junior commissioned officers and warrant officers of the regular Army;

(b) Persons enrolled under this Act;

(c) Persons belonging to the Indian Reserve Forces;

(d) Persons belonging to the Indian Supplementary Reserve Forces when called out for service or when
carrying out the annual test;

(e) Officers of the Territorial Army, when doing duty as such officers, and enrolled persons of the said
Army when called out or embodied or attached to any regular forces, subject to such adaptations and
modifications as maybe made in the application of this Act to such persons under sub-section(1)of
section 9 of the Territorial Army Act,1948 (56 of 1948);

(f) Persons holding commissions in the Army in India Reserve of Officers, when ordered on any duty or
service for which they are liable as members of such reserve forces:

(g) Officers appointed to the Indian Regular Reserve of Officers, when ordered on any duty or service
for which they are liable as members of such reserve forces;

 Persons not otherwise subject to military law who, on active service, in camp, on the march or at any
frontier post specified by the Central Government by notification in this behalf, are employed by, or
are in the service of, or are followers of, or accompany any portion of, the regular Army.

 Every person subject to this Act under clauses (a) to2 [(g)] of sub-section(1) shall remain so subject
until duly retired, discharged, released, removed, dismissed or cashiered from the service.

The Navy Act, 1934—

Short title and commencement.—

(1) This Act may be called the Navy Act, 1957.

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(2) It shall come into force on such date1 as the Central Government may, by notification in the
Official Gazette, appoint.

Persons subject to naval law.—

o The following persons shall be subject to naval law wherever they may be, namely:—

(a) Every person belonging to the Indian Navy during the time that he is liable for service under
this Act;

(b) Every person belonging to the Indian Naval Reserve Forces when he is—

1. On active service, or
2. In or on any property of the naval service including naval establishments, ships and other
vessels, aircraft, vehicles and armouries, or
3. Called up for training or undergoing training in pursuance of regulations made under this Act,
until he is duly released from his training, or
4. Called up into actual service in the Indian Navy in pursuance of regulations made under this Act,
until he is duly released there from, or
5. In uniform.

(c) Members of the regular Army and the Air Force when embarked on board any ship or
aircraft of the Indian Navy, to such extent and subject to such conditions as may be prescribed;

(d) Every person not otherwise subject to naval law, who enters into an engagement with the
Central Government under section 6;

(e) Every person belonging any auxiliary forces raised under this Act, to such extent and subject
to such conditions as may be prescribed; and

(f) Every person who, although he would not otherwise be subject to naval law, is by any other
Act or during active service by regulations made under this Act in this behalf made subject to
naval law, to such extent and subject to such conditions as may be prescribed.

o The following persons shall be deemed to be persons subject to naval law, namely:—

(a) Every person ordered to be received, or being a passenger, on board any ship or aircraft of
the Indian Navy, to such extent and subject to such conditions as may be prescribed;

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(b) Every person sentenced under this Act to imprisonment or detention, during the term of his
sentence, notwithstanding that he is discharged or dismissed with or without disgrace from the
naval service or would otherwise but for this provision cease to be subject to naval law.

The Air force Act, 1950—

Short Title and Commencement—

(1) This Act may be called the Air Force Act, 1950.

(2) It shall come into force on such date2 as the Central Government may by notification in the
Official Gazette, appoint in this behalf.

Persons subjected to this Act—

(a) officers and warrant officers of the Air Force;

(b) persons enrolled under this Act;

(c) persons belonging to the Regular Air Force Reserve or the Air Defence Reserve or the
Auxiliary Air Force, in the circumstances specified in section 26 of the Reserve and Auxiliary
Air Forces Act, 1952 (62 of 1952);

(d) persons not otherwise subject to air force law, who, on active service, in camp, on the march,
or at any frontier post specified by the Central Government by notification in this behalf, are
employed by, or are in the service of, or are followers of, or accompany any portion of the Air
Force.

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CHAPTER— 3—Parties to Definition—

Person—

The use of the word ‘person’ in the definition ‘workmen’ indicates the difference between the
coverage of the expression ‘persons’ employed in any ‘industry’ and ‘workmen’. Further the
words ‘including an apprentice’ extends the coverage of the ‘employed in an industry’.
Moreover, to the extent to which the expression ‘workman’ includes—

any such person, who has been dismissed, discharged or retrenched in connection with, or as a
consequence of, that dispute, or whose dismissal, discharge or retrenchment led to that dispute…

is wider than the expression ‘person employed in any industry’.

Employed—

The word employed is susceptible in two meanings—

1) In a broader sense it is the synonym of engaged or occupied, and

2) In a restricted sense, it involves connotation of master and servant relationship.

Dharangadhra Chemical Works Ltd. Vs State of Saurashtra AIR 1957 SC 264 at 267—

Facts—

 The appellants were lessees holding a license for the manufacture of salt on the demised lands.
The salt was manufactured by a class of professional laborers known as agarias from rain water
that got mixed up with saline matter in the soil. The work was seasonal in nature and
commenced in October after the rains and continued till June. Thereafter the agarias left
for their own villages for cultivation work. The demised lands were divided into plots called
Pattas and allotted to the a-arias with a sum of Rs. 400/- for each Patta to meet the initial

Expenses.

 Generally the same patta was allotted to the same aigaria every year and if a patta was
extensive in area, it was allotted to two agarias working in partnership. After the manufacture
of salt the agayias were paid at the rate Of 5 as. 6 pies per maund. At the end of each
season the accounts were settled and the agarias paid the balance due to them. The agarias
who worked themselves with the members of their families were free to engage extra labour on

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their own account and the appellants had no concern therewith. No hours of work were
prescribed, no muster rolls maintained, nor were working hours controlled by the appellants.
There were no rules as regards leave or holidays and the agarias were free to go out of the
factory after making arrangements for the manufacture of salt. The question for decision was
whether in such circumstances the agarias could be held to be workmen as defined by S. 2(s) Of
the Industrial Disputes Act of 1947, as found by the Industrial Tribunal and agreed with by the
High Court or they were independent contractors and the reference for adjudication made by
the Government competent under s. 10 of the Act. Held, that the finding of the Industrial
Tribunal that the agarias were workmen within the meaning of S. 2(S) of the
 Industrial Disputes Act of 1947 was correct and the reference was competent. The real test
whether a person was a workman was whether he had been employed by the employer and a
relationship of employer and employee or master and servant subsisted between them and
it was well settled that the prima facie test of such 153 relationship was the existence of the
right in the employer not merely to direct what work was to be done but also to control the
manner in which it was to be done, the nature or extent of such control varying in different
industries and being by its nature incapable of being precisely defined.

Held—

 Pending the disposal of this writ petition, the appellants obtained stay of further
proceedings before the Industrial Tribunal and in view of the same the Labour Appellate
Tribunal passed an order on September 27, 1953, dismissing the appeal leaving the
question raised therein to the decision of the High Court.
 By their judgment dated January 8, 1954, the learned Judges 157 of the High Court agreed with
the decision of the Industrial Tribunal that the agarias were workmen within s. 2(.s) of the Act
and, accordingly, dismissed the application for writ.
 They, however, granted a certificate under Art. 133(1) (c) of the Constitution and that is how
the appeal comes before us. The sole point for determination in this appeal is whether the
agarias working in the Salt Works of the appellants at Kuda are workmen within the definition
of that term in s. 2(s) of the Act.

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Bridhichand Sharma Vs. First Civil Judge—

Facts—

 This is an appeal by special leave in an industrial matter. The appellant is the manager of a biri
factory in Nagpur. Respondents 2 to 4 are working in that factory. They applied for leave for
fifteen days from December 18, 1955, to January 1, 1956, and did not go to work during that
period. The appellant did not pay their wages for these days and in consequence they applied to
the Payment of Wages Authority (hereinafter called the Authority) for payment to them of wages
which had been withheld. Their claim was that they were entitled to fifteen days' leave in the
year under Ss. 79 and 80 of the Factories Act, 1948.
 The Authority allowed the claim and granted them a sum of Rs. 90/6/- in all as wages which had
been withheld for the period of leave. Thereupon, the appellant filed an application under Art.
226 of the Constitution before the High Court at Nagpur. His main contention was that
respondents 2 to 4 were not workers within the meaning of the Factories Act and could not
therefore claim the benefit of S. 79 thereof. The respondents contended that they were workers
within the meaning of the Factories Act and were entitled to the sum awarded to them by the
Authority.
 Considering the entire circumstances and particularly the facts that if the worker does not reach
the factory before midday he is given no work, he is to work at the factory and cannot work
elsewhere, he can be removed if he is absent for eight days continuously and finally his
attendance is noted and biris prepared by him are liable to rejection if they do not come upto the
standard, there can be no doubt that respondents 2 to 4 are workers within the meaning of S. 2(1)
of the Factories Act.

Held—

 The High Court on a consideration of the circumstances came to the conclusion that respondents
2 to 4 were workers under S. 2(1) of the Factories Act and therefore the order of the Authority
was correct and dismissed the petition. The appellant then applied for a certificate to appeal to
this Court which was refused. He then obtained special leave from this Court and that is how the
matter has come up before us.

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 Then it was urged that even if the respondents are workers under S. 2(1), S. 79 should not be
applied to them as they can absent themselves whenever they like. In this very case it is said that
the respondents remained absent for a longer period than that provided in the Act and therefore
they do not need any leave. This argument has in our opinion no force. The leave provided under
S. 79 arises as a matter of right when a worker has put in a minimum number of working days
and he is entitled to it. The fact that the respondents remained absent for a longer period than that
provided in S. 79 has no bearing on their right to leave, for it they so remained absent for such
period they lost the wages for that period which they would have otherwise earned.
 That however does not mean that they should also lose the leave earned by them under S. 79. In
the circumstances they were entitled under S. 79 of the Factories Act to proportionate leave
during the subsequent calendar year if they had worked during the previous calendar year for 240
days or more in the factory. There is nothing on the record to show that this was not so. In the
circumstances the appeal fails and is hereby dismissed with costs.

Industry—

“Industry” means any business, trade, undertaking, manufacture of calling of employers and
includes any calling, service, employment, handicraft, or industrial occupation or avocation of
workmen;

Notes: This definition has been amended by the Amending Act 46 of 1982 which has been
substantially brought into force w. e. f. 21-8-1984.

“Industry” means any systematic activity carried on by co-operation between an employer and
his workmen (whether such workmen are employed by such employer directly or by or through
any agency, including a contractor) for the production, supply or distribution of goods or services
with a view to satisfy human wants and wishes (not being wants or wishes which are merely
spiritual or religious m nature), whether or not —

(i) any capital has been invested for the purpose of carrying on such activity; or
(ii) Such activity is earned on with a motive to make any gain or profit, and includes —

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 Any activity of the Dock Labour Board established under Section 5-A of the Dock Workers
(Regulation of Employment) Act, 1948 (9 of 1948);
 any activity relating to the promotion of sales or business or both carried on by an establishment,
but does not include —

 any agricultural operation except where such agricultural operation is carried on m an integrated
manner with any other activity (being any such activity as is referred to in the foregoing
provisions of this clause) and such other activity is the predominant one.

Appropriate government—

“Appropriate Government” means —

 in relation to any industrial dispute concerning any industry carried on by or under the authority
of the Central Government, or by a railway company [or concerning any such controlled industry
as may be specified m this behalf by the Central Government] or in relation to an industrial
dispute concerning a Dock Labour Board established under section 5-A of the Dock Workers
(Regulation of Employment) Act, 1948(9 of 1948), or [the Industrial Finance Corporation of
India Limited formed and registered under the Companies Act, 1956(1 of 1956)] or the
Employee’s State Insurance Corporation established under section - 3 of the Employee’s State
Insurance Act, 1948 (34 of 1948), or the Board of Trustees constituted under section 3A of the
Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948 (46 of 1948), or the Central
Board of Trustees and the State Boards of Trustees constituted under section 5-A and section 5B,
respectively, of the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952 (19 of
1952), or the Life Insurance Corporation of India established under section 3 of the Life
Insurance Act, 1956 (31 of 1956) or [the Oil and Natural Gas Corporation Limited registered
under the Companies Act, 1956 (1 of 1956)], or the Deposit Insurance and Credit Guarantee
Corporation established under section 3 of the Deposit Insurance and Credit Guarantee
Corporation Act, 1961(47 of 1961), or the Central Warehousing Corporation established under
section 3 of the Warehousing Corporation Act, 1962(58 [ 263] of 1962), or the unit Trust of
India established under section 3 of the Unit Trust of India Act, 1963 (52 of 1963), or the Food
Corporation of India established under section-3, or a Board of Management established for two
or more contiguous States under section 16, of the Food Corporation Act, 1964 (37 of 1964) or

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[the Airports Authority of India Constituted under Section-3 of the Airport Authority of India
Act, 1994 (55 of 1994)], or a Regional Rural Bank established under section 3 of the Regional
Rural Banks Act, 1976( 21 of 1976), or the Export Credit and Guarantee Corporation Limited or
the Industrial Reconstruction Bank of India Limited], [the National Housing Bank established
under section 3 of the National Housing Bank Act, 1987 (53 of 1987)], or [an Air transport
service, or a banking or an insurance company], a mine, an oil field], [a cantonment Board, or a
major port, the Central Government and]
 in relation to any other industrial dispute, the State Government;

Public Utility Services—

"Public utility service" means

(l) any railway service [or any transport service for the carriage of passengers or goods by air];

[(ia) any service in, or m connection with the working of, any major port or dock;]

(ii) any section of an industrial establishment, on the working of which the safety of the
establishment or the workmen employed therein depends;

(iii) any postal, telegraph or telephone service;

(iv) any industry which supplies power, light or water to the public

(v) any system of public conservancy or sanitation;

(vi) any industry specified in the [First Schedule] which the appropriate Government may, if
satisfied that public emergency or public interest so requires, by notification in the Official
Gazette, declare to be a public utility service for the purposes of this Act, for such period as may
be specified in the notification Provided that the period so specified shall not, in the first
instance, exceed six months but may, by a like notification;

be extended from time to time, by any period not exceeding six months, at any one time, if in the
opinion of the appropriate Government, public emergency or public interest requires such
extension.

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CHAPTER—4—
Part time & Full time Workman—

Persons employed on a part time basis under the control and supervision of an employer can
claim benefit of continuous service. Also, they can challenge their dismissal, if their services
have been terminated without fulfilling the mandatory provisions provided under Section 25F of
the Act. If any such retrenchment is affected without fulfilling such provisions, it will be treated
as illegal. Part-time workers are entitled to the same benefits as full-time workers subject to the
provisions of the ID Act.

The Supreme Court in New India Assurance Co. Ltd. versus A. Sankaralingam has clarified that
not only full time workers but even those working part time are covered within the purview of
the Industrial Disputes Act, 1947 (The Act). Accordingly, Section 2(S) of the Act should be read
as, every person employed in an establishment for hire or reward to do any manual, clerical,
skilled, unskilled, technical, operational or supervisory work including part time employees, will
be workman under the Act.

In case of a person who works or is engaged on part-time basis, there would be a presumption,
though rebuttable by the person working part time, that he is engaged in some gainful activity,
either by way of self-employment or with other employer, during the rest of the day. Therefore,
unless the said person establishes that he is not gainfully employed with another employer or
unless the said person, though working part time, is working for substantial part of the entire
working time of the employer/establishment, a part time worker would not be covered within the
term "workman".

The Section 2(s) of Industrial Disputes Act, does not make any distinctions between a full time
and a part time employee.

In Devinder Singh vs. Municipal Council, the Supreme Court held that the definition of workmen
does not make any distinction between the full time and part time employees or persons
appointed on contract basis. There is nothing in the plain Language of Section 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 or part time contract basis on
fixed wages or as a casual employee for doing duty for fixed hours is not a workman.

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Skilled and Unskilled Operational works—

As industrialization occurred, the middle class emerged. The middle class, skilled workers,
managers, clerks, accountants, and others, had the money they needed to survive, and had money
left over for other leisure goods. This extra money enabled them to live comfortably. Most
moved away from the cities because they thought the "slum" was unhygienic and unpleasant.
This led to the beginning of suburbs, or socially segregated neighborhoods. However, the
majority of the people living in industrialized areas lived in terrible, harsh conditions because of
the lack of money and the overwhelming population.

Skilled workers are those who can operate machines, use measuring instruments and produce
according to specifications. The skilled worker requires a broader knowledge of machinery.

Semiskilled workers are those who are being trained to work on machines but cannot completely
operate them on their own and require support, particularly in order to solve problems;

Unskilled workers are those who can be helpers in production, bringing tools, and temporarily
overseeing machines while they are in operation. An unskilled worker occupies an entry-level
position, and usually has no previous experience of work in the industry. After some months
work on the job an unskilled worker can become a semi-skilled worker.

CHAPTER—5—

Determination—

Labour laws are perceived as bottlenecks for doing business in India, as is evident from its world
rank of 102. The primary objective of this project work is to understand the relationship between
a corporate employer and its employees or; borrowing terminology from the Industrial Disputes
Act 1947; its workmen. On closer examination of industrial laws and prevailing jurisprudence in
the country, it is found that not only is the law rigid from the employer perspective, it even fails
to vest the employees/ workmen with rights required for playing a meaningful role in the
enterprise. Even the judiciary has been reluctant to accept a bigger role for employees in a
corporate entity. The work also contains a comparative study with respect to other jurisdictions

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like Japan and United States. An attempt has also been made to set out a path for the remedial
action required based on the American experience.

Under the Industrial Disputes (Amendment Bill) 2009—

The Bill amends the Industrial Disputes Act, 1947. The Act provides for settlement of disputes
between workers and management. The Act currently does not apply to persons who are
employed in a supervisory capacity and who earn more than Rs 1,600 per month. The Bill raises
this ceiling to Rs 10,000 per month. Under the Act, a worker whose services were terminated can
complain to the government, which may refer the case to a court or tribunal. The Bill allows
workers to approach the courts directly. The Bill requires all establishments with more than 20
workmen to establish a grievance redressal committee to hear individual grievances. The Bill
broadens the eligibility criteria of presiding officers of courts and tribunals established under the
Act. All awards made by such courts or tribunals are to be executed by the relevant civil court
under the Code of Civil Procedure.

Union Carbide India vs. D. Samuel and others (2011) II CLR 485—

Facts—

In petitioner's premises the respondent's Inspector noticed certain wooden partitions and he
enquired whether the same were old or new and after verifying that the same had been put up
without sanction, the respondent filed complaint against petitioner who was convicted. The
conviction was maintained by Addl. Sessions Judge and petitioner filed revision in High Court.
Para 4 onwards the judgment is :

(2) The case in the complaint was that the Sub-Inspector, Enforcement, had noticed that several
wooden-cum-glass partitions were being constructed. It was necessary for the courts below to
look into the legal aspect as to whether the constructions which were being complained against
were "buildings" within the meaning of the Act and if so whether they were being brought into
existence in violation of law.

Held—

The court has not appreciated the evidence while exercising jurisdiction provided by section
429 of the Code of Criminal Procedure. Where, however, the judicial conscience is shaken and

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the court finds that the conviction is illegal it would be abdicating its revisionary jurisdiction if it
does not interfere. In this case the courts below should have applied their minds to the scope of
section 195-A of the Act, should have examined every clause in section 190 of the Act and
should have insisted on the production of the bye-laws before them which wasn’t done. The
defendents hadn’t succeeded in establishing any guilt for which the petitioners could have been
punished within the scope of section 195 (2) of the Act. Therefore, the petition was accepted.

Conclusion—
In course of time the Indian Trade Unions Act, 1926 guaranteed the workers, the right to
organize and gave them a legal status and immunized them from civil and criminal liability. The
Act had been amended several times to suit the changing circumstances. Industrial Dispute
Actiss enacted to make a provision for the investigation and settlement of the dispute and certain
other purposes such as recovery of money from the employer in terms of Settlement or Award by
making an application to the appropriate government. The purpose and aim of the Industrial
Disputes Act 1947 is to minimize the conflict between labour and management and to ensure, as
far as possible, Economic and Social Justice. The act has made comprehensive provisions both
for this settlement of disputes and prevention of disputes in certain Industries.

Bibliography—
1. Book Sources—The Laws of Industrial Disputes, Fourth Edition, Malhotra, Chapter XVII
2. Indiankanoon.com
3. indiacode.nic.in
4. lexology.com
5. firstindustrialrevolution.weebly.com
6. Chapter 16—Workmen

Case Laws—
 Dharangadhra Chemical Works Ltd. Vs State of Saurashtra AIR 1957 SC 264 at 267
 Bridhichand Sharma Vs. First Civil Judge
 Union Carbide India vs. D. Samuel and others (2011) II CLR 485

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