a
workman, it is necessary to advert to the issue whether the onus to prove that
the Respondent was not a workman ... case any person raises a contention that his status has
been changed from apprentice to a workman, he must plead and
prove the requisite facts
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 ... a compounder
or doctor is not a workman within Section 2(s) of the Act.
However, at that time the definition of the term „workman
termination of the
service of a workman by the employer for any reason
whatsoever, otherwise than as a punishment inflicted by way of
disciplinary action ... such contract being terminated under a
stipulation contained therein or termination of the service of a
workman on the ground of continued ill health also
appellant was not performing supervisory work,
while working as a Scientist. In any case, a finding of fact having been returned by
the Labour Court ... which defines „workman‟, to the extent it is relevant reads as under:
" "workman" means any person (including an
apprentice) employed
would not
be appropriate to displace the workmen from employment and to
offer other reliefs, particularly, when a relief of reinstatement can be
granted ... procedures
laid down under the Adhiniyam. The Administrator of a Municipal
Corporation is a public servant. He was bound to follow the
provisions
perform any private work during the course of
their employment.
5. A perusal of the impugned order shows that an earlier order was
passed against ... employed by or through a contractor in or in
connection with the work of the establishment;
(ii) engaged as an apprentice, not being an apprentice
would not
be appropriate to displace the workmen from employment and to
offer other reliefs, particularly, when a relief of reinstatement can be
granted ... procedures
laid down under the Adhiniyam. The Administrator of a Municipal
Corporation is a public servant. He was bound to follow the
provisions
would not
be appropriate to displace the workmen from employment and to
offer other reliefs, particularly, when a relief of reinstatement can be
granted ... procedures
laid down under the Adhiniyam. The Administrator of a Municipal
Corporation is a public servant. He was bound to follow the
provisions
Mmtc Limited vs Employees Provident Fund Organization on 3 October, 2012
Author: Mukta Gupta
Bench
