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S. 2(s)
A workman employed on a part time basis but under the control and
supervision of an employer is a workman in term of Section 2(s) of
the Act, and is entitled to claim the protection of Section 25F.
Divisional Manager, New India Assurance Co. Ltd. v. A.
Sankaralingam, AIR 2009 SC 309: (2008) 10 SCC 698
An employee appointed as Industrial Relations Executive has to
draft management enquiry and to hold conferences with the
advocates in relation to the company's acts. Being in the category of
management staff Gr. II, his conditions of service were different than
those provided for the workers of the Company. Leave given to him
were not applicable under the settlement. He was covered under the
Pension Scheme which did not apply under the settlement with
employees. It was held therefore that he was not a workman. C.
Gupta v. Galaxosmithklin Pharmaceutical Ltd., AIR 2007 SC (Supp)
1244
Duty of a Legal Assistant is to supervise Court cases and whenever
necessary to prepare draft reply of matters pending in Court. Such
employees are professionals and cannot be termed as workman
under any law. Muir Mills Unit of N. T. C. (U. P.) Ltd. v. Swayam
Prakash Srivastava, AIR 2007 SC 519 : (2007) 1 SCC 491
Professional job involves creativity and is not stereotype.
Professionals cannot be workmen. Management of M/s. Sonepat
Co-op. Sugar Mills Ltd. v. Ajit Singh, AIR 2005 SC 1050 : (2005) 3
SCC 232
Although the only dispute was with regard to the regularization of the
services of the contractual employees, it was open to the Industrial
Tribunal to determine the nature of the employment as to whether the
employees were employees of the contractor or the principal employer.
G. M., O. N. G. C., Shilchar v. O. N. G. C. Contractual Workers Union,
AIR 2008 SC (Supp) 1994
When the principal question under reference was as to whether the
termination of services of the seasonal worker was justified; the Labour
Court could not go into the question as to whether the Company was
bound to take the services of the worker in all subsequent seasons or
not. Bhogpur Co-op. Sugar Mills Ltd. v. Harmesh Kumar, AIR 2007 SC
288
Mere breach of a Standing Order could not render the strike illegal
under Sections 23 and 24. Ballarpur Collieries Co. v. Presiding Officer,
C. G. I. T. Dhanbad, AIR 1972 SC 1216
Strike called by the union ignoring conciliation proceedings,
managements offer and request for deferring the strike for even one
day was held illegal. Management of the Fertilizer Corporation of India
Ltd. v. Workmen, AIR 1970 SC 867
S. 25-B Continuous service
Service rendered under two different establishments, although under
one central management, cannot be clubbed to reckon continues
service of 240 days in a calendar year. Haryana State Co-operative
Supply Marketing Federation Ltd. v. Sanjay, AIR 2009 SC 3155
Completion of 240 days' work does not confer right of regularisation.
Hindustan Aeronautics Ltd. v. Dan Bahadur Singh, AIR 2007 SC 2733
The expression "actually worked under the employer" cannot mean
those days only when the workman worked with hammer, sickle or pen,
but must necessarily comprehend all those days during which he was in
the employment of the employer and for which he had been paid
wages. Thus Sundays and other paid holidays should be taken into
account for the purpose of reckoning the total number of days on which
the workman could be said to have actually worked. Workmen of A. E. I.
B. Corpn. v. Management A. E. I. B. Corpn., AIR 1986 SC 458 However
period of illegal strike has to be excluded. Management of Standard
Motor Products of India Limited v. A. Parthasarathy, AIR 1986 SC 462
Sections 4 to 9, 15 and 25