SK Maini v. M/S Carona Sahu Company Ltd. (1994) 3 SCC 510

Main Questions: (1) Is a Shop Manager a “workman” under Section 2(s)? (2) Was the domestic enquiry fair?

Answer: Not a workman. The Court found his core role was administrative/managerial. No ground to upset the enquiry on the objections raised.

• Does Maini qualify as a “workman” despite mixed clerical tasks?
• Did the Labour Court/High Court err on the fair enquiry question?

Workman Test: Main work must be manual, clerical, technical, or supervisory. True managerial/administrative roles are excluded. Titles don’t control—actual duties do.

Domestic Enquiry: Courts can step in if the enquiry is unfair or the employee lacks a fair chance to defend.

The Supreme Court upheld the High Court. Maini’s primary work was administrative/managerial—some clerical tasks did not change that. He was not a “workman” under Section 2(s). The challenge to the enquiry failed on the grounds urged.

Nature over name: Courts assess dominant duties. Where control of operations, staff oversight, and accounts handling show a managerial core, Section 2(s) does not apply.

• Clarifies managerial vs workman boundary for shop/branch managers.
• Shows that mixed tasks don’t dilute a managerial core.
• Signals careful review of domestic enquiries, but no automatic interference.

Mnemonic: “DOME over Desk” — DOMinant Executive beats clerical desk work.

1. List daily functions.
2. Weigh managerial vs four heads.
3. Conclude status by dominant role.

Issue: Is Maini a “workman” and was the enquiry fair?

Rule: Section 2(s) four-heads test; courts may intervene if enquiry is unfair.

Application: Maini’s work centred on operations control, accounts, and staff supervision at a managerial level; no unfairness warranting interference was shown.

Conclusion: Not a workman; High Court order stands; reinstatement with back wages set aside.

Section 2(s)

Defines “workman” in the Industrial Disputes Act, 1947.

Domestic Enquiry

Internal disciplinary process to test alleged misconduct.

Managerial Role

Real authority over operations, staff, and decisions; usually outside Section 2(s).

• Decisions drawing the line between managerial and workman roles.
• Cases on domestic enquiry standards and fairness.