Q-3 Define workman and its classification.
This means any person employed in. an industrial or commercial establishment to do any skilled or unskilled manual of clerical work for hire or reward. This definition prescribes three conditions for bringing a person within the ambit of workman, namely:
(i) That the person concerned must have been employed in an industrial or commercial establishment,
(ii) That he must have been employed for hire or reward, and
(iii) That the work done by him must be of the nature contemplated by said definition The examples of workman are chowkidar, watchman and guard.
Following are not workmen because they do not perform any skilled or unskilled, manual or clerical work:
(a) Traveling agent (b) Shift supervisor (c) Spinning master
(d) Salesman (e) Medical representative
Classification Of Workmen
There are five classifications of workmen:
1. Permanent 2. Probationers 3. Badli
4, Temporary 5. Apprentice
1. Permanent Workman [S.O.1 (b)]
A permanent workman is that workman who has been employed for a work of permanent nature, which can go on for more than nine months, and the workman has satisfactorily completed a probationary period for three months. For completing this probationary period the breaks, which might have taken place due to sickness, accident, leave, lockout, a legal strike will be excluded. In this class a workman who has been appointed as a badli or substitute for someone will be included if he has served for a period of continuous three months or for 143 days during any period of 12 consecutive months.
The period of an illegal lock-out or illegal strike is not to be counted while calculating the period of probation. But any break in actual duty period due to sickness, accident, leave, legal lockout or legal strike involuntary closure of establishment will be added to make up the period of 3 months.
2. Probationer [S. 0.1(c)]
A “probationer” is that workmen who has been employed for a work of permanent nature and has not yet completed period of three months. In a case where a permanent workman has been promoted to a higher rank but as a probationer for three months he can be reverted to his old permanent post before the period of probation is completed.
3. Badli [S.O.1(d)]
A “badli” is a workman who has been appointed in place of a permanent workman who goes on leave for some period and gives a man to work in his place in his temporary absence. Badli workman would become permanent Badli workman if he serves continuously for 90 days or for 183 days in a year with gaps.
4. Temporary [S.O.I(e)]
A “temporary workman” is that workman who has been employed for work of a temporary nature which is to be completed before a* period of nine months and does not exceed this period under any circumstances.
5. Apprentice [S.O.1(f)]
Generally all type of technical job needs special training so before a permanent employment, employee have to work as a trainee during his training period the employee is termed as apprentice workmen.
An “apprentice” is a person who is appointed as such under the Ordinance known as Apprenticeship Ordinance 1962.
These Standing Order makes it compulsory that the workmen are to be provided with tickets or cards of their class. This has been arranged in the following manner.
2. Every workman employed in an industrial establishment shall begin a permanent ticket if he is not a probationer a badli, a ternptcary workman or an apprentice.
3. Every permanent workman shall be provided a departmental ticket in which his number is shown and which he shall produce to the person authorized in this behalf by the employer.
4. Every badli shall be provided with a badli card and in this card the number of days for which he worked in the establishment must be shown. In case be gets a permanent job he shall surrender that card.
5. Every temporary workman shall be given a temporary ticket, which he shall surrender on his discharge.
6. Every apprentice shall be provided with an apprentice card, which he shall surrender if he obtains permanent employment. ;
7. Every workman at the time of his appointment, transfer or promotion shall be provided with a written order showing the terms and conditions of his service.
Under this Order is has been provided that any wages due to the workman and which could not be paid on the day fixed for the payment of wages due to any reason shall be paid to the workman on a day which is fixed for the payment of unclaimed wages in each week and ‘Such a day must be notified on the notice board. It has also been made compulsory that the wages must be paid on a working day before the expiry of the 7th day or 10r day after the last day of the wages period. This has been arranged for the establishment in which the number of workman is 1000 or less or exceeds 1000 rupees respectively.
Under this Standing Order the employer has been allowed to stop work without any notice if there is an outbreak of fire, breakdown of machinery, stoppage of power supply, epidemic, or any other such thing, which is beyond the control of the employer. This stoppage of work may take place in any section or sections of the establishment, either partially or wholly for any period or period.
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