Guest Faculty Not a ‘Workman’ Under Industrial Disputes Act : Calcutta High Court

The Calcutta High Court ruled that a guest faculty member paid per session cannot claim the status of “workman” under the Industrial Disputes Act, 1947. Justice Shampa Dutt (Paul) dismissed a writ petition filed by the petitioner against the industrial tribunal’s award. The petitioner worked with the respondent UCO RSETI from 2011 and claimed he performed regular duties under supervision and received Rs. 5,500 as honorarium. He argued that his termination in 2012 was illegal and challenged it under the Act. However, the respondent said that the petitioner only served as guest faculty for specific sessions and was paid honorarium per session, not regular wages. They highlighted a 2014 settlement where the petitioner accepted Rs. 2,000 and agreed to apply for future roles properly. The court found that the March 2012 letter wasn’t an appointment letter but an invitation for training sessions. It held that the petitioner didn’t meet the definition of “workman” under Section 2(s) or receive “wages” under Section 2(rr) of the Act. The court concluded that there was no employer-employee relationship and upheld the tribunal’s decision, dismissing the petition.