Supreme Court of India
Lenin Kumar Ray v. M/s Express Publications (madurai) Ltd.
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What the Court ordered
We hold that the employee is not a “workman” as defined under section 2(s) and is not covered by the provisions of the I.D. Act.
Judgment, page 10
From the headnote
Issue for Consideration Whether the appellant employee falls within the definition of “workman” under Section 2(s) of the Industrial Disputes Act, 1947, was illegally terminated from service in violation of procedure laid down in law. Headnotes† Industrial Disputes Act, 1947 – Section 2(s) – Meaning of “workman” – Determinative factor is the principal duties and functions performed by an employee in the establishment and not merely the designation of his post – Onus of proving the nature of employment rests on the person claiming to be a “workman”: Held: To qualify as a “workman” under s.2(s)
Authorities it was built on
- 2013 Deepali Gundu Surwase v. Kranti Junior Adhyapak Mahavidyalaya (d.ed.) and Others
- 1994 Shri S.K. Maini v. M/s. Carona Sahu Company Ltd. and Ors.
- 2002 Sharad Kumar v. Govt. of Nct of Delhi and Ors.
- 1963 Ananda Bazar Patrika (p) Ltd. v. Its Workmen
- 1978 K. C. P. Employees' Association, Madras v. Management of K. C. P. Ltd., Madras
- 2004 M/s. Southern Ispat Ltd. v. State of Kerala and Ors.
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