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Status as workman

(Querist) 22 December 2013 This query is : Resolved 
An employee was a junior officer in a company having six grades for officers. Obviously he had no administrative or managerial powers and worked as instructed by superiors. His appointment letter was silent about his department and job responsibilities.

Upon a dispute for promotion, the superiors took away his work and he was kept idle without assignment till he was dismissed after four years of mistreatment by superiors.

In the Labour court, the company misrepresented fabricated fake job responsibilities to prevent justice to the employee. The Labour court did not go in details for sake of justice but ruled against the employee stating not a 'workman'. The Labour Court neglected the fact that the employee was never given job responsibilities and after the dispute, he was without any work assignment.

When the employee was without any work till he was dismissed, what is his status as a workman under the legal definition?

Best regards,

Navin Pandya
krishna mohan (Expert) 23 December 2013
You are saying junior officer as the designation and based on defense taken by your employer the case appears to have been dismissed. Another factor decides is the salary and see whether the salary drawn was within the limits prescribed for workmen. There are decided cases where the manager was declared as workmen based on job responsibilities. Since the employee is without job better to seek the help of an experienced lawyer in service matters especially in labour laws for industrial workers.
BAALASUBRAMANNYAMM (Expert) 23 December 2013
If you are an aggrieved party to the proceedings, you can go for an appeal before Tribunal.
T. Kalaiselvan, Advocate (Expert) 24 December 2013
Properly addressed by expert Mr. Mohan.
Govind (Expert) 24 December 2013
you are not a labourer and you should not to file suit in labor court. you have right to sue management in civil court for declaration
Guest (Expert) 24 December 2013
Better read the full orders of the Labour Court they would have mentioned the Plaintiff could approach the proper court .Show all the relevant documents to a Senior Advocate and proceed further
V R SHROFF (Expert) 24 December 2013
Appeal is only remedy, if feel aggrieved by order.

chances to prove an Officer as a workman is less.
Rajendra K Goyal (Expert) 24 December 2013
Well advised by the experts.
Raj Kumar Makkad (Expert) 24 December 2013
File an appeal instead of opting for raising labour dispute.


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