Nature of work and not the designation of employee important to decide the status of person: Gujarat HC

Nature of work and not the designation of employee important to decide the status of person: Gujarat HC

The Gujarat High Court in Radhe Govind Ramdas Yadav vs. Cema Electric Lighting Products (India) Pvt. Ltd. while examining the issue as to whether the employee fall within the meaning of term ‘workman’ as defined under Section 2(s) of the Industrial Disputes Act, 1947 (“ID Act“), yet again reiterated the settled principle that it is not the nomenclature but the nature of duty, which is required to be taken into consideration while deciding the question as to whether a person falls under such definition of workman or not. The Court further observed that merely because a person is fetching more remuneration than the outer limit as provided in the aforesaid definition, will not bar him to include him in the definition of term ‘workman’.

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August 2022 Issue

HYBRID WORK MODEL - Aug. 2022
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