Gujarat Electricity Board,Thermal ... vs Hind Mazdoor Sabha & Ors on 9 May, 1995
Equivalent
SC2294 (3)
ACT:
Industrial Disputes Act, 1947 - Section
2(s) --'Workman', tests for determining who is.
HEADNOTE:
The members of the Burmah Shell ... incidental to their own technical
work of 'testing and giving the results of the tests to the
company. the guidance and direction
rate-Control by
rejection of work not upto the standard--If workmen- Test-
Factories Act, 1948 (LXIII of 1948), ss. 2(1) and 79.
HEADNOTE ... person. A
distinCtion was also drawn between a workman and an
independent contractor. The prima facie test whether the
relationship of master and servant
control of the method of doing the work. , Applying this
test workmen rolling bidis were found to be employees of
independent contractors and not workers ... Bridhichand Sharma v. First Civil Judge,
Nagpur (5) and workmen within the meaning of s. 2(s) of the
Industrial Disputes Act in D. C. Dewan
have the effect of equating them with
workmen who had qualified for permanent absorption by
passing the test; instead it directed payment of
compensation ... qualified for permanent
absorption by passing the test, the Labour Court refused to
give the workmen the relief of reinstatement in service with
full back
CITATION:
1957 AIR 264 1957 SCR 152
ACT:
Industrial Dispute-Workman-Independent contractor-Test-
Distinction-Agarias, if workmen-Finding by the Industrial
Tribunal ... correct and the
reference was competent.
The real test whether a person was a workman was whether he
had been employed by the employer
paragraphs of this judgment negate this contention. I have tested the case
of the workmen on the touchstone of the principles laid down by this ... must pass the relevant test to
determine on the facts as to whether providing canteen to its workmen by a
factory was obligatory
dispute related to a
discharged employee (though not a workman) and (4) the
workmen raising the dispute were vitally interested in it by
reason ... merely that the Act makes a
distinction between workmen and non-workmen, but because a
dispute to be a real dispute must
surplus labour. It was
due to the failure of the workman to pass the test which
would have enabled him to be confirmed ... surplus
labour. It was due to the failure of the workman to pass the
test which would have enabled her to be confirmed
Court view the matter a little
differently and formulate further tests. Of the tests, the
first is that the activity must be organised as business ... industry his workmen are not
industrial workmen and the disputes arising between them are
not industrial disputes. The cardinal test is thus to find