Workman status of bank jewel appraisers denied where commission-based engagement lacked regular employment features

Jewel appraisers engaged by a bank were examined under the definition of "workman" in the Industrial Disputes Act, 1947, with emphasis on whether their engagement resembled regular clerical employment. The decisive factors were the absence of fixed working hours, lack of disciplinary control, commission-based remuneration paid by the loanee rather than wages by the bank, and the limited scope of their functions. On those facts, they were found not to be integrated into the regular workforce and were engaged on terms materially different from regular employees. The earlier authorities relied on were held to be inapposite on the facts, and the appraisers could not be treated as part-time clerical staff.

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Issues: Whether jewel appraisers engaged by the Bank were workmen within the meaning of Section 2(s) of the Industrial Disputes Act, 1947 and entitled to be treated as part-time clerical staff.

Analysis: The decisive factors were the nature of engagement, the absence of fixed working hours, the absence of disciplinary control, the payment of commission by the loanee rather than wages by the Bank, and the limited character of the appraisers' functions. The evidence showed that the appraisers were not integrated into the regular workforce and were engaged on terms materially different from regular employees. The comparison with earlier cases where appraisers had been found to be workmen was found inapposite on the facts of this dispute.

Conclusion: Jewel appraisers were not employees or workmen of the Bank and could not be treated as part-time clerical staff; the finding below was unsustainable.

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