Under Section 2(s) of the Industrial Disputes Act, 1947, a "workman" is defined as any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical, or supervisory work for hire or reward. The terms of employment can be express or implied.
To determine if an individual is a workman, the nature of the work performed is the primary criterion, rather than their designation or salary.
Inclusion of Dismissed Workers
The definition specifically includes persons who have been dismissed, discharged, or retrenched in connection with, or as a consequence of, an industrial dispute, or whose termination led to that dispute.
Key Exclusions
The following categories are strictly excluded from being classified as a workman:
Armed Forces: Persons subject to the Air Force Act, Army Act, or Navy Act.
Police/Prison Staff: Those employed in the police service or as officers/employees of a prison.
Managerial/Administrative: Persons employed mainly in a managerial or administrative capacity.
High-Level Supervisors: Persons employed in a supervisory capacity who earn more than $₹10,000$ per month or exercise functions mainly of a managerial nature.
The Control Test
For a master-servant relationship to exist, the employer must exercise "control and supervision" not only over what work is done but also how it is done. Independent contractors are generally not considered workmen because they lack this direct control.
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