A pharmaceutical concern employed a person as a representative for canvassing and procuring orders. He, however, was also required to do some clerical or manual work which is incidental to his main work. Whether such person is a workman under Sec. 2(s) of I.D. Act? Decide.

Facts of the Case

A pharmaceutical company employed a person as a representative whose primary duty was canvassing and procuring orders from clients. In addition to these primary duties, the employee was also required to perform some clerical or manual tasks incidental to his main work. A question arises whether this person can be classified as a workman under Section 2(s) of the Industrial Disputes Act, 1947, which determines eligibility for statutory protections and rights related to industrial disputes.

Issues in the Case

1. Whether a person whose main duty is managerial or supervisory but performs incidental clerical/manual work qualifies as a “workman.”
2. Whether performing minor or incidental tasks changes the legal classification of employment under Section 2(s).
3. The implications of work classification on rights under the Industrial Disputes Act, 1947.

Legal Principles Covered to Support Case Proceedings and Judgements

• Section 2(s) of the Industrial Disputes Act, 1947 defines a “workman” as a person employed in any industry to do any manual, skilled, technical, operational, clerical, or supervisory work for hire or reward.
• Courts have held that the dominant nature of duties is the key test: if the primary work is managerial or independent and not connected with the production, maintenance, or operational work of the industry, the person is generally not a workman, even if minor clerical/manual tasks are performed.
• Incidental work does not convert a non-workman into a workman if the main role is promotional or supervisory.

Possible Judgement

Since the person’s primary duty is canvassing and procuring orders, which is promotional and not directly connected with operational work, he does not qualify as a workman under Section 2(s), even though he performs incidental clerical or manual tasks. Consequently, statutory protections under the Industrial Disputes Act, including dispute resolution rights, may not apply to him.

About Lawgnan

Classification as a “workman” under the Industrial Disputes Act is critical for determining employment rights and dispute remedies. If your role involves managerial, promotional, or supervisory functions with incidental manual tasks, statutory protections may differ. Understanding your legal status can help protect your rights and clarify eligibility for industrial dispute claims. Visit lawgana.in for expert insights on employment classification, workman rights, and industrial law provisions. Stay informed about your role, ensure compliance with labour laws, and seek timely legal guidance to navigate disputes, employment benefits, and statutory protections under Indian labour legislation.