— Redress of individual grievances — Scope — The provision for redress of individual grievances (Chapter-VI-Settlement of Disputes) provided under Section 33 of the Industrial Relations Act, 2012 accentuates that only a worker may bring his grievance in the NIRC (National Industrial Relations Commission) with respect to any right guaranteed or secured to him by or under any law, or any award or settlement for the time being in force, and in adjudicating and determining a grievance, the Commission shall go into all the facts of the case and pass such orders as may be just and proper in the circumstances of the case — It is clear beyond any shadow of doubt that only a worker may approach the NIRC for redress of his grievance after fulfilling the other prerequisites provided under Section 33 of the Industrial Relations Act, 2012. [2024 SCLR 13 = 2023 SCP 334 = 2024 SCMR 71]

— Redress of individual grievances — Scope — Mere nomenclature of an assigned post is not relevant in determining the status of an employee and assessing whether he is performing the duties of a worker or workman, or a manager, officer or supervisor, rather the paramount and predominant consideration is the nature of the job, and if any employee claims that he was performing the duties of a worker/workman, the burden lies on him to discharge if he claims contrary to the job description assigned to him separately or by means of appointment letter or subsequently made any change in the job description through up-gradation or promotion which detached or estranged the status of employee from workman to managerial or supervisory post so in all fairness and evenhandedness, the litmus test is the nature of job actually being performed rather than the nomenclature of the job simpliciter — It is neither necessary nor mandatory that an employee may be considered in the category of manger, officer or supervisor only when he has been vested with hiring and firing powers, but again in the pith and substance, his status is to be determined keeping in mind the nature of duties. [2024 SCLR 13 = 2023 SCP 334 = 2024 SCMR 71]

— S. 2(xxxiii) — “Worker” and “Workman” — Meaning — In order to adjudicate whether a person is performing his duties as a ‘workman’ or ‘worker’, or Manager, Officer and/or duties of supervisory nature, the pith and substance of the adjudication predominantly depends on the nature of duties and not on the basis of the nomenclature of the post — In order to thrash out this controversy, the appropriate appraisal for assistance can be made by dint of oral and documentary evidence produced by the parties in the court of first instance — In case the employee asserts that he was performing duties as workman and such contentions are opposed by the management, then in such eventuality the burden of proof lies upon the employee to substantiate that he was in fact performing the duties of a ‘workman’ and the mere nomenclature of the post does not affect his status of employment as worker or workman. [2024 SCLR 30 = 2024 SCMR 164 = 2023 SCP 350]

— Redress of individual grievances — Scope — The provision for redress of individual grievances (Chapter-VI-Settlement of Disputes) provided under Section 33 of the Industrial Relations Act, 2012 accentuates that only a worker may bring his grievance in the NIRC (National Industrial Relations Commission) with respect to any right guaranteed or secured to him by or under any law, or any award or settlement for the time being in force, and in adjudicating and determining a grievance, the Commission shall go into all the facts of the case and pass such orders as may be just and proper in the circumstances of the case — It is clear beyond any shadow of doubt that only a worker may approach the NIRC for redress of his grievance after fulfilling the other prerequisites provided under Section 33 of the Industrial Relations Act, 2012. [2024 SCLR 13 = 2023 SCP 334 = 2024 SCMR 71]

— Redress of individual grievances — Scope — Mere nomenclature of an assigned post is not relevant in determining the status of an employee and assessing whether he is performing the duties of a worker or workman, or a manager, officer or supervisor, rather the paramount and predominant consideration is the nature of the job, and if any employee claims that he was performing the duties of a worker/workman, the burden lies on him to discharge if he claims contrary to the job description assigned to him separately or by means of appointment letter or subsequently made any change in the job description through up-gradation or promotion which detached or estranged the status of employee from workman to managerial or supervisory post so in all fairness and evenhandedness, the litmus test is the nature of job actually being performed rather than the nomenclature of the job simpliciter — It is neither necessary nor mandatory that an employee may be considered in the category of manger, officer or supervisor only when he has been vested with hiring and firing powers, but again in the pith and substance, his status is to be determined keeping in mind the nature of duties. [2024 SCLR 13 = 2023 SCP 334 = 2024 SCMR 71]

— Appeals — Scope — Any person aggrieved by an award or decision given or a sentence or order determining and certifying a collective bargaining unit passed by any bench of the Commission, may, within thirty days of such award, decision, sentence or order prefer an appeal to the Commission — The Full Bench may confirm, set aside, vary or modify the decision or sentence passed and shall exercise all the powers required for the disposal of an appeal — In addition to the above powers, the Full Bench of the NIRC (National Industrial Relations Commission) may, on its own motion, at any time, call for the record of any case or proceedings under Industrial Relations Act, 2012 in which a Bench within its jurisdiction has passed an order for the purpose of satisfying itself as to the correctness, legality, or propriety of such order, and may pass such order in relation thereto as it thinks fit, provided that no order under this section shall be passed on its own motion revising or modifying any order adversely affecting any person without giving such person a reasonable opportunity of being heard. [2024 SCLR 30 = 2024 SCMR 164 = 2023 SCP 350]