Dear All, Can an executive approach the labour court for any dispute with the organization or he can only approach the civil court. Kindly provide with your valuable input. Thanks & Regards C.M.Mohla
From India, Delhi
Acknowledge(0)
Amend(0)
15From India, Delhi
Acknowledge(0)Amend(0)
All the disputes arising from Schedule II can be adjudicated in the labour court. For example, the legality of Standing Orders, interpretation of matters in Standing Orders, dismissal, etc.
All the disputes arising from Schedule III can be adjudicated in tribunals, national tribunals, and also the labour court. For instance, matters like leaves, hours of work, pay, retrenchment, rationalization, holidays, overtime, etc.
Moreover, only individuals defined as "workmen" in an industry can raise a dispute. No executive, who is a management employee/cadre, can raise a dispute. They must be classified as workmen under the ID Act.
From India, Calcutta
Acknowledge(0)Amend(0)
All the disputes arising from Schedule III can be adjudicated in tribunals, national tribunals, and also the labour court. For instance, matters like leaves, hours of work, pay, retrenchment, rationalization, holidays, overtime, etc.
Moreover, only individuals defined as "workmen" in an industry can raise a dispute. No executive, who is a management employee/cadre, can raise a dispute. They must be classified as workmen under the ID Act.
From India, Calcutta
Acknowledge(0)Amend(0)
Dear Sir,
Only if you fit the definition of "workman" as per the Industrial Disputes Act, can you raise a dispute in the Labour or Industrial courts; otherwise, the jurisdiction will be ousted. Even if the designation is executive, manager, or officer, if you are performing duties of a manual, clerical, or technical nature and not making independent decisions, you would be considered a workman under the Act. Nomenclature alone does not determine the status.
From India, Pune
Acknowledge(0)Amend(0)
Only if you fit the definition of "workman" as per the Industrial Disputes Act, can you raise a dispute in the Labour or Industrial courts; otherwise, the jurisdiction will be ousted. Even if the designation is executive, manager, or officer, if you are performing duties of a manual, clerical, or technical nature and not making independent decisions, you would be considered a workman under the Act. Nomenclature alone does not determine the status.
From India, Pune
Acknowledge(0)Amend(0)
Dear All, The employee is working at an supervisory position, wherein he have 10-15 working under him. Regards C.M.MOhla
From India, Delhi
Acknowledge(0)Amend(0)
From India, Delhi
Acknowledge(0)Amend(0)
Elaborating further on what Dmc said, only a workman can approach a Labour Court, and it all depends on the nature of duties that the supervisor is performing. A supervisor drawing wages up to Rs 10,000/- is considered a workman.
B. Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
Acknowledge(0)Amend(0)
B. Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
Acknowledge(0)Amend(0)
I would like to add one more thing. An employee who has not been given the authority to sanction leave of his subordinates, initiate disciplinary action against his subordinates, or appraise his subordinates of their performance is a workman even if by designation he comes under managerial or supervisory capacity.
Regards,
Madhu.T.K
From India, Kannur
Acknowledge(0)Amend(0)
Regards,
Madhu.T.K
From India, Kannur
Acknowledge(0)Amend(0)
Dmc &Madhu are right.Please to sec.2(s),2A(b ) of the ID Act.There are n"number of SC decision to prove their point ,all of which cannot be referred here. VARGHESE MATHEW O9961266966
From India, Thiruvananthapuram
Acknowledge(0)Amend(0)
From India, Thiruvananthapuram
Acknowledge(0)Amend(0)
Dear Sir,
There are many case laws that have settled the position of the definition of a workman under the Industrial Disputes Act. For instance, a pilot has also been held to be a workman. In your case, you may refer to the judgment of A.D. Inamdar v. M/S Bajaj Tempo Ltd. and Others reported in 2000 (86) FLR 345 passed by the Bombay High Court, which highlights the duties of supervisors.
From India, Pune
Acknowledge(0)Amend(0)
There are many case laws that have settled the position of the definition of a workman under the Industrial Disputes Act. For instance, a pilot has also been held to be a workman. In your case, you may refer to the judgment of A.D. Inamdar v. M/S Bajaj Tempo Ltd. and Others reported in 2000 (86) FLR 345 passed by the Bombay High Court, which highlights the duties of supervisors.
From India, Pune
Acknowledge(0)Amend(0)
Dear Friends,
I would like to share my views on the subject. The question of designation depends on the nature of work he does. There may be glorified designations, but the nature of the work will prove in the eyes of the law - Under Section 2(s) of the ID Act. The Managers/Supervisors should have the powers of sanctioning leave, allotting OT, powers to permit his subordinates permission to go out, drafting work schedule, planning his department's work, appraising his subordinates, recommending for promotion during appraisal, attending managerial meetings, giving suggestions to management, part of the ISO-9001 team, etc. Appointment and disciplinary powers shall not be vested with most of the supervisors or Junior levels. Hence, these two aspects will not be much relevant for the supervisory category in the eyes of the law. The Supervisor/Executive is one who supervises the work of his subordinates. If he only supervises the work of his subordinates and gives them direction, then he will not come under the purview of Section 2(s) of the ID Act. The glorified executive or supervisors do any manual, clerical, or technical nature of the job, yes, he is covered under Sec. 2(s).
Hope this clears the doubts of my friends.
G.K. Manjunath, Sr. Manager-HR
From India, Bangalore
Acknowledge(0)Amend(0)
I would like to share my views on the subject. The question of designation depends on the nature of work he does. There may be glorified designations, but the nature of the work will prove in the eyes of the law - Under Section 2(s) of the ID Act. The Managers/Supervisors should have the powers of sanctioning leave, allotting OT, powers to permit his subordinates permission to go out, drafting work schedule, planning his department's work, appraising his subordinates, recommending for promotion during appraisal, attending managerial meetings, giving suggestions to management, part of the ISO-9001 team, etc. Appointment and disciplinary powers shall not be vested with most of the supervisors or Junior levels. Hence, these two aspects will not be much relevant for the supervisory category in the eyes of the law. The Supervisor/Executive is one who supervises the work of his subordinates. If he only supervises the work of his subordinates and gives them direction, then he will not come under the purview of Section 2(s) of the ID Act. The glorified executive or supervisors do any manual, clerical, or technical nature of the job, yes, he is covered under Sec. 2(s).
Hope this clears the doubts of my friends.
G.K. Manjunath, Sr. Manager-HR
From India, Bangalore
Acknowledge(0)Amend(0)
Dear Mohla
I would like to clarify further more-
1. First of all be clear that for filing of a case in Labour Court designation is not important, any employee can raise a dispute before a Labour Court if he is a “workman” within the meaning of sec.2(s) of the IDAct, 1947.
Whether the employee is a workman or not to be decided on the basis of nature of work and other condition of service and not by mare designation (as alredy clerified in the previous many posts stated above)
As such the answer of your first query is affirmative, an employee designated as Executive or an Executive can approach to Labour Court if he satisfied the conditions of sec. 2(s) of the ID Act.
2. I further like to clarify that not “any Dispute” can be refer to a Labour court it must be a industrial dispute within the meaning of Sec. 2(k) of ID Act,1947 and the "Organization” must be a “Industry” within the meaning of Sec. 2(j) of the ID Act.
3. If any employee does not fall within the definition of workman as stated above he can raise his claim in a Civil Court and get it adjudicated.
From the further post dated 24.8.2012 of you, it appears that the employee is designated as supervisor and supervising 10-15 workers but you have not mentioned exact nature of his duties and his salary details. However, such an employee can file his case in Labour Court unless employer established that he is drawing salary more than 10,000/- and exercises managerial powers vested in him and he is barred by sec. 2(s)(iv) of ID Act.
Regards
PKJAIN
From India, Delhi
Acknowledge(0)Amend(0)
I would like to clarify further more-
1. First of all be clear that for filing of a case in Labour Court designation is not important, any employee can raise a dispute before a Labour Court if he is a “workman” within the meaning of sec.2(s) of the IDAct, 1947.
Whether the employee is a workman or not to be decided on the basis of nature of work and other condition of service and not by mare designation (as alredy clerified in the previous many posts stated above)
As such the answer of your first query is affirmative, an employee designated as Executive or an Executive can approach to Labour Court if he satisfied the conditions of sec. 2(s) of the ID Act.
2. I further like to clarify that not “any Dispute” can be refer to a Labour court it must be a industrial dispute within the meaning of Sec. 2(k) of ID Act,1947 and the "Organization” must be a “Industry” within the meaning of Sec. 2(j) of the ID Act.
3. If any employee does not fall within the definition of workman as stated above he can raise his claim in a Civil Court and get it adjudicated.
From the further post dated 24.8.2012 of you, it appears that the employee is designated as supervisor and supervising 10-15 workers but you have not mentioned exact nature of his duties and his salary details. However, such an employee can file his case in Labour Court unless employer established that he is drawing salary more than 10,000/- and exercises managerial powers vested in him and he is barred by sec. 2(s)(iv) of ID Act.
Regards
PKJAIN
From India, Delhi
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.
Legal Clarification on Absconding Employee, Contract Labour Engagement & Leave Entitlement Ammen.pdf
Employee Appraisal Form new.doc