claiming to be workmen were really workmen within the definition of the term in the Industrial Disputes Act was the test of supervision or control ... employer he may have to be held to be a workman. Another important test the significance of which has been lost sight of though
proceeded on that assumption viz., that teachers are not workmen, which we will adopt to test the validity of the argument. The reasoning ... designation of the employee is not the determining test. Ultimately, the test to be applied was enunciated by the Supreme Court thus:
We have referred
fact that the Labour Court wrongfully found the employee to be a workman and granted him relief. The Court found that the finding ... question is raised whether he is a workman or someone other than a workman, the test that court must employ in order to determine
Management levelled the following charges against the workman:-
(1) The workman disobeyed the order of his official superior to take a
Fiat Liniya ... workman refused to take a car to Nilambur for a test
drive. The workman took the stand that in the morning he was
entrusted
determine whether the accident arose out of the workman's employment.
The test laid down by Lord Sumner in Lancanshire and Yorkshire
Railway ... 2006 9
querulous workmen of the said saw mill. Accepting the test laid down by
Lord Sumner in Lancanshire and Yorkshire Railway v. Highley
that the question of conducting the job oriented test would arise only if
the workman satisfies the eligibility criteria for promotion. When as
found above ... management to conduct the test and
they cannot now contend that since they have not conducted the test the
workman cannot be promoted. Therefore
Labour Court, has directed the
Bank to permit the workman to appear for the test and interview as and when
the Bank calls for test ... workman by directing the Bank to
permit the workman to appear for the test and interview as and when the
WA.No.981/2008
Workmen 1962-I L.L.J. 409, and the Rangavilas Motor's case , formulated the test as to whether there is nexus between ... Slate and the industry concerned. Applying the test, the learned Judge was satisfied that the workmen concerned worked and received salary within the State
Nagpur case will be the true test. The whole undertaking will be industry although those who are not workmen by definition may not benefit ... those units are workmen and those undertakings are industries. Regarding liberal profession, Justice Krishna Iyer observed that the test of 'direct' co-operation
respondent does not
qualify in any of these tests. It was a case where workmen
engaged in statutory canteen of Air India engaged
