AI Overview...
Skilled Operators - Summary
-
Definition and Inclusion of Skilled Operators
Several sources clarify that skilled operators include workers performing semi-skilled, unskilled, or manual tasks traditionally associated with skilled work. For instance, Vidarbh Infotech Private Limited VS Pune Municipal Corporation - Bombay states that while 250 skilled computer operators are mentioned, the term including indicates flexibility, and bidders are not required to have employed exactly that number. Similarly, Contract Laghu Udhog Kamgar Union VS V. G. Mohite & others - Bombay interprets same kind of work broadly to encompass skilled, semi-skilled, and unskilled manual, technical, and supervisory roles. -
Work Nature and Classification
The classification of work as skilled or semi-skilled often depends on the nature of tasks performed. In Director, Experimental Sugar Factory, National Sugar Institute VS Presiding Officer, Central Government Industrial Tribunal cum Labour Court - Allahabad, workmen engaged as centrifugal operators are entitled to benefits corresponding to semi-skilled status, despite being paid as unskilled workers. Post & Telegraph Mazdoor Union VS General Manager, Telecom Factory & others - Bombay discusses the re-categorization of machine operators across branches, recommending placement based on the nature of their work, often semi-skilled. -
Legal and Wage Entitlements
Courts have recognized that temporary or contingent employees performing work of a permanent and skilled nature are entitled to benefits and wages comparable to permanent skilled workers (Mineral Exploration Corporation Employees Union VS Mineral Exploration Corporation LTD. - Supreme Court, Mineral Exploration Corporation Employees Union VS Mineral Exploration Corporation Ltd. - Madhya Pradesh). In REGIONAL MANAGER, LIC OF INDIA Vs. KARAM VEER SINGH & ORS. - Delhi, the court noted that workmen classified as Lift Operators, who perform skilled tasks, are entitled to minimum wages of skilled workers, although the court did not definitively decide this issue. Similarly, VARGHESE GEORGE Vs KERALA WATER AUTHORITY. - Kerala highlights that unskilled workers promoted to NMR Operators argue for equal pay and benefits, emphasizing the importance of the nature of work over formal qualifications. -
Qualifications and Promotions
Promotions from unskilled to skilled categories are often based on service and work performed rather than formal qualifications. As per VARGHESE GEORGE Vs KERALA WATER AUTHORITY. - Kerala, unskilled workers with sufficient experience who are promoted to skilled roles are entitled to benefits associated with skilled status, regardless of initial qualifications.
Analysis and Conclusion
The sources collectively emphasize that the classification of workers as skilled operators depends primarily on the nature of their work and responsibilities, not solely on formal qualifications or employment terms. Courts have upheld that workers performing work of a skilled or semi-skilled nature, even if initially classified as unskilled or temporary, are entitled to corresponding wages and benefits. The term including in contractual clauses indicates flexibility in employment requirements, supporting the view that work performed and responsibilities held determine skill status over formal titles.
References:
- Vidarbh Infotech Private Limited VS Pune Municipal Corporation - Bombay, Contract Laghu Udhog Kamgar Union VS V. G. Mohite & others - Bombay, Director, Experimental Sugar Factory, National Sugar Institute VS Presiding Officer, Central Government Industrial Tribunal cum Labour Court - Allahabad, Post & Telegraph Mazdoor Union VS General Manager, Telecom Factory & others - Bombay, Mineral Exploration Corporation Employees Union VS Mineral Exploration Corporation LTD. - Supreme Court, Mineral Exploration Corporation Employees Union VS Mineral Exploration Corporation Ltd. - Madhya Pradesh, REGIONAL MANAGER, LIC OF INDIA Vs. KARAM VEER SINGH & ORS. - Delhi, VARGHESE GEORGE Vs KERALA WATER AUTHORITY. - Kerala
Search Results for "Skilled Operators"
2013 0 Supreme(Bom) 15 • India - Bombay
A.M.KHANWILKAR, MRIDULA BHATKAR
For, it refers to 250 skilled computer operators "including" other technical staff on the pay roll. ... A priori, it is not mandatory for the bidder to have employed minimum 250 skilled computer operators as such. ... skilled computer operators as such. - There is no difficulty in accepting the argument of the petitioner that Clause 18.5 is a vital ... Considering the expression “including”, occurring in Clause 18.5, by no stretch of imagination, it can be said that the bidder must hav....
2001 0 Supreme(Bom) 561 • India - Bombay
A.P.SHAH, A.M.KHANWILKAR
The court also interpreted 'same kind of work' to include skilled, semi-skilled, or unskilled manual, supervisory, technical, or ... Kishore Pawar, Plant Operator, w.e.f. his date of joining the respondent No. 2 establishment the same wages/benefits extended to the skilled operators who are directly and permanently employed in the respondent No. 2 factory at Wagle Estate, Thane. ... , semi skilled, un-skilled and clerk. ... But the work performed by such contract labo....
2012 0 Supreme(Kar) 867 • India - Karnataka
ARVIND KUMAR
He would submit that on account of unreasonable and unlawful order of the management in calling upon the skilled operators to do unskilled manual work of removing the scrap from the shop floor and carrying it to the dumping yard which was resisted by the workmen was the reason for spontaneous strike ... Thus, in the absence of any dispute on this issue of alteration of service condition and there being admission by the petitioner's witnesses themselves that scrap was removed by the operators themselves, the plea put forward by petitioner ....
2005 0 Supreme(All) 2119 • India - Allahabad
V.C.MISRA
post of centrifugal operators. ... workmen were entitled to the benefits recommended by the Wage Boards, including the pay scale and retention allowance for the semi-skilled ... passed by the Industrial Tribunal cum Labour Court, regarding the non-payment of salary and benefits for the post of Centrifugal Operator ... The workmen mentioned above were discharging their duties of semi skilled centrifugal operators from 1.1.1980 although they were being paid salary of unskilled Mazdoor. ... The post of cen....
2004 0 Supreme(Bom) 508 • India - Bombay
NISHITA MHATRE
and machine setters cum operators employed at Mumbai and those employed at Jabalpur and Kolkata branches. ... and machine setters cum operators as implemented by the telecom factories in Kolkata and Jabalpur immediately. ... evaluation and rationalisation/re-categorisation of trades of Industrial staff in Telecom Factories - Recommendations for machine operators ... One of the recommendations was that the machine operators who were performing the work of semi-skilled nature should be placed in the #HL_S....
2006 6 Supreme 281 • India - Supreme Court
A.R.LAKSHMANAN, LOKESHWAR SINGH PANTA
contingent employees doing work of permanent nature and temporary employees are required to do work which was used to be done by skilled ... (a Government of India Enterprise) for Kanhan Project dated 5.1.1984 by which two skilled operators and one un-skilled worker was transferred from Damua to Tansi etc. The transfer of one K.G. ... Ample material was placed before us to show that the temporary/contingent employees have been doing the work of permanent nature and the temporary employees are required to do work which wa....
2006 0 Supreme(MP) 877 • India - Madhya Pradesh
A.R.LAKSHMANAN, LOKESHWAR SINGH PANTA
(a Government of India Enterprise) for Kanhan Project dated 5.1.1984 by which two skilled operators and one unskilled worker was transferred from Damua to Tansi etc. The transfer of one K.G. ... Ample material was placed before us to show that the temporary/contingent employees have been doing the work of permanent nature and the temporary employees are required to do work which was used to be done by skilled employees. ... Certain skilled workers were released from Ardhagram Project to R. East project which contains the....
2016 0 Supreme(Gau) 865 • India - Gauhati
MICHAEL ZOTHANKHUMA
muster roll basis petitioner and petitioner the other hand respondent were appointed Computer Operators muster roll basis between ... Petitioners counsel submits that petitioner were engaged in Accounts Treasuries Wing Finance Department Govt - Mizoram Data Entry Operators ... Court also find that petitioners have locus to file this writ petition inasmuch as seniority position in their services Data Entry Operators ... He also submits that there was no stepping down of the private respondents from Computer Operator #HL_S....
2023 0 Supreme(Del) 7686 • India - High Court of Delhi
Issues: Whether the respondents/workmen who are working as Lift Operators are entitled to receive minimum wages of skilled ... working in Jeevan Bharti Building who are being paid the wages of skilled workmen vis-à-vis the qualifications of the respondents ... Ratio Decidendi: The court did not decide on the issue of whether the respondents/workmen are entitled to receive minimum wages of skilled ... The primary submission of learned counsel for the petitioner is that the learned Authority has, without any basis, treate....
2010 Supreme(Online)(KER) 37942 • India - High Court of Kerala
ANTONY DOMINIC, J
They challenged a pay re-fixation and recovery based on allegations of being unqualified compared to qualified NMR Operators. ... Relevant Provisions Discussed Fact of the Case: The petitioners, initially unskilled NMR workers, were promoted to NMR Operators ... petitioners, being exempted from qualification requirements for promotion, are entitled to equal pay and benefits as qualified Operators ... In 1983 unskilled NMR workers having 5 years of service were promoted to the Skilled category of Operators#HL_E....
Filter by Legal Phrase
