#workman status

Bombay High Court clarifies that a Quality Assurance Supervisor, despite supervisory duties, falls under the definition of 'workman' under the Industrial Disputes Act, 1947, entitling wrongful termination compensation. The court rejected presumptive findings of post-termination employment and awarded Rs. 20 lakh for denial of backwages, reinforcing protections for non-managerial supervisory roles.

Karnataka High Court reaffirms that workman status under the Industrial Disputes Act hinges on the nature of duties performed, not salary or job title. While reinstating an employee terminated for three days of unauthorized absence, the Court awarded only 60% back wages, emphasizing proportionality and procedural fairness in disciplinary actions.

Delhi High Court rules that termination of a Medical Sales Representative for non-compliance with a transfer order without a prior disciplinary enquiry violates principles of natural justice. The judgment reaffirms that field-level sales staff qualify as 'workmen' under the Sales Promotion Employees (Conditions of Service) Act, 1976, entitling them to procedural fairness before dismissal.

Delhi HC rules that approval under Section 33(2)(b) of the Industrial Disputes Act for dismissal without inquiry does not preclude a later challenge on the merits. Reinstatement with full back wages was ordered as the approval proceedings lacked evidence, and res judicata was held inapplicable to such approvals.

Orissa High Court rules that employers failing to produce attendance and wage registers under the Industrial Disputes Act can face adverse inference, leading to compensation awards. The ruling reinforces workmen's rights to fair adjudication where employers withhold critical employment records.