Synopsis

The respondent (employee) was employed as an Area Business Manager with the appellant management. His services were terminated directly on 29th August 2020. He raised an industrial dispute under Section 2A(2) of the Industrial Disputes Act, 1947. The Labour Court held that the respondent was not a “workman” within the definition of Section 2(s) of the Act, primarily relying on his designation as “Manager.” The respondent filed a writ petition under Article 226. The Single Judge set aside the Labour Court’s award and remanded the matter, holding that the respondent was a workman. The management appealed. The Division Bench dismissed the appeal, affirming that the designation “Area Business Manager” is not determinative; the crucial test is the nature of duties. Since the respondent had no employees working under him and his primary duty was to promote sales and meet targets, he fell within the definition of “workman.” The matter was remanded to the Labour Court for adjudication on merits.

Court: High Court of Judicature at Madras

Coram: Justice S. M. Subramaniam and Justice K. Surender

Date of Judgment: 16th April 2026

Citation: WA No.926 of 2025 (2026:MHC:1520)

Core Law: Industrial Disputes Act, 1947 – Section 2(s) (definition of workman), Section 2A(2) (dispute relating to dismissal of individual workman); Sales Promotion Employees (Conditions of Service) Act, 1976 – Section 6(2)

2. Legal Framework

Major laws and provisions involved

• Industrial Disputes Act, 1947 – Section 2(s) (definition of “workman”), Section 2A(2) (individual dispute regarding dismissal)

• Sales Promotion Employees (Conditions of Service) Act, 1976 – Section 6(2) (application of ID Act to sales promotion employees)

Key legal principles applied

• Designation is not determinative of “workman” status: The mere fact that an employee holds the designation of “Manager” or “Area Business Manager” does not automatically exclude him from the definition of “workman.” The court must examine the actual duties and responsibilities.

• Test for “workman” – nature of duties: Under Section 2(s), a “workman” is a person

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