Trace Your Case

ISSUE:

Whether the appellant, Shri S.K. Maini, is classified as a "workman" under the Industrial Disputes Act, given his given his administrative, managerial, and clerical duties?

Whether the Labour Court and the High Court erred in the fairness of the domestic enquiry against Maini, particularly considering the Enquiring Officer's role and Maini's denial of legal representation?

RULE:

An individual is classified as a "workman" if their role is primarily manual, clerical, technical, or supervisory in nature, and not administrative or managerial.

Courts may intervene in a domestic enquiry if the employee is denied a fair opportunity to defend themselves.

Job designation alone is insufficient; the actual nature of the duties performed takes precedence in determining whether someone is a "workman."

Subscribe to Read More.
Login Join Now