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Computer Rath (Jr. Associate)     06 September 2013

Law oficer- workmen or not

WHETHER A LAW OFFICER UNDER THE PAY SCALE OF RS.9000/- Basic may be a WORKMEN or Not according to the Indian Law. If not ? what a Law oficer have the remedy for any Labour dispute relating to payment of wages ? Can i get any citation or judgment ?


 4 Replies

Sudhir Kumar, Advocate (Advocate)     06 September 2013

section 2(s) of ID Act


(s) “Workman” means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this Act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person-

(i) Who is subject to the Air Force Act, 1950 (45of l950),or the Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957); or

(ii) Who is employed in the police service or as an officer or other employee of a prison; or

(iii) Who is employed mainly in a managerial or administrative capacity; or

(iv) Who, being employed in a supervisory capacity, draws wages exceeding 55[ten thousand rupees] per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature.].

1 Like

Computer Rath (Jr. Associate)     07 September 2013

The defination of WORKMEN is quite clear,, But, What is the remedy for the Employee designated as Law Officer Under Pay scale of 9000/- for any dispute regarding his payment of salary ? iS THERE ANY REMEDY UNDER THE lABOUR lAW FOR QUICK RELIEF OR ONLY CIVIL CASE IS THE ONLY SOLUTION ?

Sudhir Kumar, Advocate (Advocate)     07 September 2013

what is the doubt

SAI KIRAN R (ADVOCATE)     08 September 2013

Kindly approach High Court with Writ petition your dispute shall be settled. You are not a workman.

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