INDUSTRIAL DISPUTES ACT, 1947.
AWARD
1. CASE OF WORKMAN AS PLEADED IN STATEMENTOFCLAIM FILED ON
25.01.2007 UNDER SECTION 10 (4A) OF THE INDUSTRIAL ... undergo medical fitness test. Management denied the averment of
the workman that medical test of the claimant was conducted at the behest of the
management
Here consistently stand of the workman is that workman was appointed at
Delhi Unit of Management, workman was regularly working at the Delhi Unit ... Management on account of workman insisting on issuance of transfer
letter to workman if the management wants to send the workman at its Unit
fall within the four exceptions to the said definition he
is a workman within the meaning of the ID Act . These decisions are also
based ... workmen' and cannot therefore avail of the
benefits of the Act so the institution ceases to be an industry. The test
workman.
Facilities and opportunities, as enjoined in Article 38 , should
be provided to protect the health of the workman. Provision
for medical test and treatment ... Constitution
and make the life of the workman meaningful and
purposeful with dignity of person. Right to life includes
protection of the health and strength
beneficiaries of benefits gained by the workmen being party to
the settlement entered between the Management and the
workmen.
[iii] The complainant did not perform ... basic test as to facts to be proved for
holding a person to be a workman under Section 2 (s) of the
S.S.DESHPANDE
Indian
families that an unmarried sister of a workman who was dependent on the
workman would not be regarded as a dependant for the purpose ... family structures and surrounding
circumstances pertaining to workmen in coal companies cannot be
assessed or tested on the same lines. Even if the distinction between
para 27)
"27. '37. The control test and the organisation test,
therefore, are not the only factors which can be said ... meaning thereby integration of
the relevant tests wherefor it may be necessary to
examine as to whether the workman concerned was
fully integrated into
beneficiaries of benefits gained by the workmen being party to
the settlement entered between the Management and the
workmen.
[iii] The complainant did not perform ... basic test as to facts to be proved for
holding a person to be a workman under Section 2 (s) of the
S.S.DESHPANDE
beneficiaries of benefits gained by the workmen being party to
the settlement entered between the Management and the
workmen.
[iii] The complainant did not perform ... basic test as to facts to be proved for
holding a person to be a workman under Section 2 (s) of the
S.S.DESHPANDE
beneficiaries of benefits gained by the workmen being party to
the settlement entered between the Management and the
workmen.
[iii] The complainant did not perform ... basic test as to facts to be proved for
holding a person to be a workman under Section 2 (s) of the
S.S.DESHPANDE
