"BEYOND THE 'WORKMAN' DEFINITION : PROTECTION GAP FOR UNFAIR DISMISSAL OF MANAGERIAL AND SUPERVISORY CARED IN INDIA"

Abstract: One of the critical issue of Indian Labour law is the distinction between employees who fall into the statutory category of "worker" and those who mainly exercise managerial administrative or supervisor roles. The distinction is important because those who do not fall under the statutory definition of a worker may not qualify to the same Industrial relation remedies and protection as workers. The study examines legal protection for managerial and supervisory employee in India who face unfair dismissals. The study looks at Section 2(zr) of Industrial relation code, 2020 (IR code) and the concept of "workman" under the industrial district act 1947. The study look at whether document highlights the central issue of whether employees who are excluded from the legal definition have a legal option if they loss their jobs. The study uses the doctrinal and analytical research methodology to examine the statutory framework, the difference between managerial, supervisory and worker categories, relevant cases including HR Adyanthaya V. Santosh (India) ltd., S.K. maini V. Carona sahu co. Ltd. and Mukesh k. Tripathi, and the available contractual, civil statutory and public law remedies to exclude employees. The study eximines both side of issue and suggests a balanced approach which could provide basic procedural protections to certain managerial and supervisory employees. This would clearly differentiate senior management from lower-level manager and supervisory employee while focusing on fair procedures rather than guaranteeing that and employee will continue in the job. Keywords: workman, worker, managerial employees, supervisory employees, unfair dismissal, Industrial Relations code, 2020, Industrial Disputes Act,1947, labour law, Human Resource Development, Employment Protection, Managerial Prerogative.