A sales representative, discharging duties of clerical nature, will be workman under Industrial Dispute Act

Madras High Court decided in Management of Holy Faith International Pvt., Chennai Vs Presiding Officer1 that an employee who is designated as sales representative but discharging the duties of clerical and manual nature will be a ‘workman’ under the Industrial Dispute Act and entitled to all the benefits thereto in capacity of a workman.

According to Industrial Dispute Act, "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 and 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 person-

(i)Who is subject to the Air Force Act, 1950 (45 of 1950), 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 one a managerial nature.

 

Source: Labour Law Reporter, pg. no. 673, Madras High Court, June 2009

 

Also Check: Other Legal Aspects

 

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