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Daftsman falls within the definition of workman

Raj Kumar Makkad ,
  29 June 2010       Share Bookmark

Court :
Delhi High Court
Brief :
Verbal Termination - Section 2(s) of the Industrial Disputes Act, 1947 - Whether a draftsman would fall under the definition of a workman?
Citation :
Maheshwar Singh v. Indomag Steel Technology Ltd. (Decided on 19.04.2010) MANU/DE/0830/2010

Held, no evidence has been placed on record by the respondent management to draw conclusion that the petitioner was not under the supervision of his superiors or the petitioner himself was the final authority so far his innovative ideas or thoughts were concerned, and in the absence of any such evidence placed on record from the side of the respondent management, the exclusion of the petitioner from the definition of 'workman' in the face of evidence placed on record by the petitioner sufficiently proves that his nature of duties were skillful and technical in nature and therefore the job of 'draftsman' as assigned to the petitioner cannot be said to fall outside the ambit and scope of definition of 'workman' envisaged under Section 2(s) of the I.D. Act.

 

 
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Published in Labour & Service Law
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