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shailendra (officer)     07 December 2009

BANK OFFICER IS WORKMAN ?

 IN a nationalised bank ,a junior  officer working under 3 senior officers,may be treated as WORKMAN  or NOT.  particularly when he has NO powers .EVEN not having power of attorney?



Learning

 9 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     07 December 2009

It is not the seniority or juniority or pwer which matters in defining the worman under Wages Act or workman compensation act rather it is the type of work/duty which matters.

N.K.Assumi (Advocate)     08 December 2009

In addition to Raj, under the Industrial Disputes Act 1947, person  subject to  Army Act, Airforce Act,Navy Act, Service in Police and prison, Managerial or Administrative are not within the meaning of Workman.

Vijayarajan (Executive Director)     13 October 2011

Please examine whether he has any supervisory function? If so his present salary ...........

Kumar Doab (FIN)     15 October 2011

Bank Officer's union leaders ( your's and others) can provide you with precedence and decisions. Kindly post such precedence and decisions in the forum.

K C S Kutty, Pune (Faculty )     16 October 2011

Vijayarajan Sir, supervisory capacity itself is sufficient to exclude the Bank officer from the definition of workman.  The minimum wage for an unskilled person, leave the supervisor,  is above Rs 1600 per month now. 

Vijayarajan (Executive Director)     16 October 2011

Please examine whether the amount of 1600 has been enhanced to 10000/- in the recent amendment.

Vijayarajan (Executive Director)     16 October 2011

Kutty sir and others:

As per Notification SO 2278 dt 15 sep 2010 the folling provisions were given effect

Industrial Disputes (Amendment) Act, 2010 (No. 24 of 2010)
 
An Act further to amend the Industrial Disputes Act, 1947.
Be it enacted by Parliament in the Sixty-first Year of the Republic of India as follows:—

Short title and commencement

1. (1) This Act may be called the Industrial Disputes (Amendment) Act, 2010.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
Amendment of section 2
2. In the Industrial Disputes Act, 1947 (14 of 1947) (hereinafter referred to as the principal Act), in section 2,—
(i) in clause (a),––
(a) in sub-clause (i), for the words “major port, the Central Government, and”, the words “major port, any company in which not less than fifty-one per cent of the paid-up share capital is held by the Central Government, or any corporation, not being a corporation referred to in this clause, established by or under any law made by Parliament, or the Central public sector undertaking, subsidiary companies set up by the principal undertaking and autonomous bodies owned or controlled by the Central Government, the Central Government, and” shall be substituted;
(b) for sub-clause (ii), the following sub-clause shall be substituted, namely: -
“(ii) in relation to any other industrial dispute, including the State public sector undertaking, subsidiary companies set up by the principal undertaking and autonomous bodies owned or controlled by the State Government, the State Government:
Provided that in case of a dispute between a contractor and the contract labour employed through the contractor in any industrial establishment where such dispute first arose, the appropriate Government shall be the Central Government or the State Government, as the case may be, which has control over such industrial establishment.”;

(ii) in clause (s), in sub-clause (iv), for the words “one thousand six hundred rupees”, the words “ten thousand rupees” shall be substituted

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K C S Kutty, Pune (Faculty )     16 October 2011

With the amendment also, a peron working in a supervisory capacity  in a Bank is likely to get more than Rs 10,000 per month and may not come under the definition of workman. If the supervisor is drawing  less than Rs 10,000 per month he is a workman. 

shailendra (officer)     26 January 2012

in all nationalized banks...special assistants  comes under award staff..ie clerical..whereas they perform SUPERVISORY DUTIES & dr

aws more than 25000 per month  usually..any clarification..?


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