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Industrial dispute

(Querist) 02 June 2024 This query is : Open 
In private care centre employee appointed as adm manager but his nature of duties were of clerical like typing entering data in computer work and filing of papers. My query is can he be defined as workman under the industrial despute act. His salary was less than 20000/- per month
T. Kalaiselvan, Advocate (Expert) 03 June 2024
The designation of the employee is the one which is recognised that whether he is a workman or an employee of management cadre.
it is clear that all workmen are employees but all employees may not be workmen for the purpose of the Act. In order to be a workman it is not necessary that a person must be employed in a substantive capacity.
In determining which of the employees in various categories are covered by the definition of workmen one has to see what is the main or substantial work which he is employed to do.
In other words dominant purpose of employment must first be taken into consideration and gloss of some additional duties must be rejected while determining the status and character of a person.
kavksatyanarayana (Expert) 03 June 2024
A private care Centre is a Private Nursing home; sometimes you have to do work as directed by the management. If you are not interested in doing as they said you can consult the MD of the private care Centre and request to pay extra allowances. It is not an industrial dispute.
P. Venu (Expert) 05 June 2024
What do you mean by "private Care Centre"? How it could be an "industry"?
Sudhir Kumar, Advocate (Expert) 07 June 2024
please come clear with facts. Given facts indicate that probably he has been nominated as manager while doing clerical job.
raju (Querist) 10 June 2024
An employee whose designation was manager but nature of duties were of clerical job who has been removed from service. The employer did not pay the salary, earned leave and gratuity. Query is that employer care centre is registered with shops and establishment act 1958. What relief is for employee under industrial disputes act as prior to removal no inquiry was held and employee served for almost 7 years. Do employee need to go for relief with ID act 1947 or under shops and establishment act 1958. please advice.
T. Kalaiselvan, Advocate (Expert) 10 June 2024
The employee is not coming under labor category hence he has to look for remedy through alternate option.
Isaac Gabriel (Expert) 29 June 2024
The shops and establishment Act is the right law to proceed where any person can file a cse with the Authority.

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