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Junior executive supervising one shift of duty and receiving salary as executive will not be a workman under I.D. Act. - The Industrial Disputes Act, 1947

When an employee was appointed in Supervisory and designated as Junior Executive in Grade 'A' became member of Supervisory Staff Association, performing duty to supervise one shift of duty, receiving salary and allowances as an Executive, cannot be a workman under the Industrial Disputes Act, 1947. The technical rule of evidence is that 'wherever the opponent has declined to avail himself of the opportunity to put hisessential and material case in cross-examination, it must follow that he believed that the testimony given could be disputed at all'. A piecemail selection of a par t of evidence is not the right approach as the effect of totality of the evidence is likely to be lost sight of the in the process. Salary exceeding Rs. 1600 per month is an important factor which excludes the employee from the category of workman.

-ESS DEE Akuminium Ltd. vs. State of West Bengal & Others 2017 (Cal. H. C.)

The Industrial Dispute Act, 1947

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