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Is superintendent a workman under the trade union act 1926


01-Jul-2023 (In Labour & Service Law)
Whether office superintendent is come under defination of the Workman, when he has no power of supervision to the Workman?
Answers (2)

Answer #1
590 votes
Dear
If the superintendent manages the affairs of the state and covered in the definition of the executive in terms of the Trade Union Act, then he is not workmen otherwise he can be considered as workmen.
Regards
Answer #2
589 votes
A person working in purely managerial and/or supervisory capacity does not fall within the definition of workman under ID Act. However, when a person performs multifarious functions, the nature of the main function performed by the person has to be considered to determine if the person is a "workman." The designation of a person is not a conclusive factor in determining the nature of work. Even if a person is designated as supervisor, the employer has to prove that his work and his duties were in nature of a supervisor.

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