Judgment:
Arun Kumar, J.
(1) The only question for consideration in this batch of writ petitions is about the meaning of the word 'workman' as contained in Fundamental Rule 56(b) (hereinafter referred teas F.R.56(b)),read with the Note appended to the said provision. F.R.56(b) extends the age of superannuation for persons covered therein to 60 years as against the normal age of superannuation being 58 years. The petitioners in all these writ petitions have urged that they are covered under F.R.56(b) and as such are entitled to remain in service up to the age Of 60 years. There is no dispute that the Fundamental Rules are applicable to the employees concerned in this batch of writ petitions. Infact the Municipal Corporation of Delhi, to which most of these cases pertain, has specifically made the Fundamental Rules applicable to its employees under the Municipal Corporation of Delhi Service Regulations 1959.
(2) Fundamental Rule 56(b) provides for age of retirement of different categories of Government servants. The relevant portions of Fundamental Rule 56 are reproduced as under:-
'F.R.56.(a) Except as otherwise provided in this rule, every Govern- ment servant shall retire from service on the afternoon on the last day of the month on which he attains the age of 58 years. (b) A workman who is governed by these rules shall retire from service on the afternoon of the last day of the month in which he attains the age of sixty years. Note:- In this clause, a workman means a highly skilled, semi-skilled or unskilled artisan employed on a monthly rate of pay in an industrial or work charged establishment. (c) A ministerial Government servant who entered Government service on or before the 31st March 1938 and held on that date: (i) a lien or a suspended lien on a permanent post, or (ii) a permanent post in a provisional substantive capacity under clause (d) of Rule 14 and continued to hold the same without interruption until he was confirmed in that post, shall retire from service on the afternoon of the last day of the month in p73 which he attains the age of sixty years. Note:- For the purpose of this clause the expression 'Government service' include service rendered in a former provincial Government. (cc) A workman referred to in clause (b) or a ministerial Government servant referred to in clause (c) may be granted extention of service, under very special circumstances to be recorded in writing, after he attains the age of sixty years with the sanction of the appropriate authority. (d) A Government servant to whom clause (a) applies other than a workman referred to in clause (b) or a ministerial Govt. servant referred to in clause (c), may be granted extention of service after he attains the age of fifty eight years with the sanction of the appropriate authority if such extention is in the public interest and the grounds thereforee are recorded in writing; Provided that no extention under this clause shall be granted beyond the age of sixty years except in very special circumstances. (e) A Government servant in Class Iv service or post shall retire from service on the afternoon of the last day of the month in which he attains the age of sixty years.'
(3) The petitioners claims to be workmen covered under F.R.6(b). The controversy revolves round the meaning to be given to the word workman. For understanding-the meaning of the word 'workman' the Note under F.R.56(b) is very important. It explains the word 'workman' used in the main provision. According to the Note a workman means:-
(I)a highly skilled, semi-skilled or unskilled artisan; (ii) employed on a monthly rate of pay; (iii) in an industrial or work charged establishment.
(4) All the aforesaid ingredients are, thereforee, essential to determine the meaning of the word 'workman' as used in the principle provision. One thing is clear, the Note is restrictive in as much as it restricts the meaning of the word 'workman' used in the principle provision. By virtue of the Note a special meaning is ought to be given to the word 'workman'. The word 'workman' appears in various other statutes. The main example in this connection can be that of the Industrial Disputes Act. In the said Act the meaning of the word 'workman' is quite wide. But the same cannot be invoked while considering the meaning of the word 'workman' in F.R.56(b) because of the Note.
(5) Before considering the meaning of the word 'workman' underF.R.56(b), it may be useful to appreciate the object behind F.R.56(b). The object appears to be to give an extended period of service to persons primarily performing manual duties. As per sub-rule (e) Class Iv employees have to retire from service on attaining the age of sixty years. The employees who are perform p73 ing manual duties and who may not necessarily be Class Iv employees are sought to be equated with the Class Iv employees for the purposes of extended age of retirement under F.R. 56(b). Class Iv employees belong to the lowest rank in the hierarchy in Government service. The benefit of continuing in service for a longer time is given to them. They belong to a level of society which deserves the economic support which flows as a result of the extended period of service. The category of employees which are likely to be covered under F.R.56(b) is similar and deserves the same economic support. Further this benefit is intended to be given to persons belonging to a lower category of posts having comparatively lower scales of pay. Such employees in the ministerial services normally belong to class Iv and for them the age of retirement is 60 years. However, those employees who are engaged in predominantly physical or manual work, may not necessarily be in class IV. Still workmen belonging to the lowest ranks of Government service deserve the benefit of extended age of retirement like their counter- parts in ministerial service being Class Iv employees. F.R.56(b) appears to be intended to cover such employees. This intention seems to emerge from the use of the word artisan in the Note appended to F.R.56(b).
(6) In order to analyze the Note appended to F, we have divided it into three parts given above. There seems to be no difficulty regarding the words 'highly skilled'. 'semi-skilled' or 'unskilled'. The key word in this part of the Note is 'artisan'. The word artisan' has been used to emphasise that not every type of workman will be covered under F.R.56(b). It is only those workmen who are 'artisan' who will be covered under this definition. This leads us to an inquiry about the meaning of the word 'artisan'. This word has been defined in various dictionaries of the English language as well as in some of the judicial dictionaries. Some of these definitions are reproduced here under:- Law LEXICAN: Artisan: Artificer;one skilled in some kind of mechanical craft or art; or art; A skilled mechanic. Artificer,Artisan,Artist. An artist is one who is skilled in one or other of the fine arts; An artisan is one who exercises a mechanical employ- ment. The occupation of the former requires a fine taste and delicate ma- nipulation; that of the letter demands only an ordinary degree of contrivance and initiative power. The word artificer neither suggests the idea of vulgarity which attaches to the term: artisan, nor the idea of refinement which belongs to the term 'artist'. COLLIER'S Dictionary Artisan (ar'te'zen). one skilled in a particular craft; craftsman, (French artisan, from Italian artigiano, going back to Latin artists cunning, skilled in arts, from ars art.)
WESBSTER'STHIRD New International Dictionary artisan also artizan (1) one who practices an art: Artist (2) one trained to manual dexterity or skill in a trade Handicraftsman (3) the second rank earned by members of a Horizon Club, senior program of the Camp Fire Girls-compare JOURNEYMAN. CHAMBER'S Twentieth Century Dictionary ARTISAN. Artizan art-i-zan or art, n. a handicraftsman or mechanic, a skilled workman (Fr.artisan- It.artigiano.ult. from L. artitus, skilled-ars, artis, art) Shorter Oxford English Dictionary, ARTISAN:-'(1) One who practises or cultivates an art; an artist; (2) One occupied in any industrial art; a mechanic, handicraftsman,artificer.' BLACK'S Law Dictionary : Fifth Edition Artisan. One skilled in some kind of trade, craft or art requiring manual dexterity; e.g. acarpenter, plumber, tailor, mechanic. Manual: Of, or pertaining to, the hand or hands; done, made, or operated by or used the hand or hands; or a manual labor. Performed by the hand; used or employed by the hand; held in the hand. see also Manual labor. Manual Labor: Work done with the hand. State v. Ash, 53 Ariz. 197, Labor performed by hand or by the exercise of physical force; with or without the aid of tools machinery or equip- ment, but depending for its effectiveness chiefly upon personal muscular exertion rather than upon skill, intelligence or adroitness. STROUD'S Legal Dictionary 'an artificer is stated to be one who makes something as distinguished from one who only does something.e.g. a hair dresser is not an artificer because he only does something' .
(7) From the above quoted various definitions of the word artisan, it emerges that an artisan is essentially a manual worker. He is a handicraftsman, an artificer, one engaged in some kind of mechanical craft or art, one trained to manual dexterity, skill or work in a trade. Manual dexterity is manual skill. 'Manual' means work done through hands or through manual labour which is again labour performed through use of hands. Thus as per the common parlance meaning of the word artisan as also its meaning emerging from the various dictionaries, an element of skill may also be expected to be possessed by an artisan Meaning of the word artisan then has two elements, manual labour and some kind of skill.
(8) It must be borne in mind that artisan is not the same as artist. An artist is one who practices an art or fine art. An artist amy also be working with hands, like a painter (though we have hand and foot painters also). But a painter cannot be called an artisan. An artist is one who practices an art in which conception and execution are governed by imagination,taste and skill. The dictionary meaning of the word artistis:- 'artist (MF artiste artist, artisan, learned man, fr. Ml artists student or master of the liberal arts, ft. L.art-ars art, skill *ista-ist) la: one who professes and practices an art in' which conception and execution are governed by imagination and taste: b: a person skilled in one of the fine arts; esp. Painter 2a. a performer of music in public (as a singer, pianist,orconductor)b: a theatrical performer(a dramatic artist); broadly :ausu.adapt or skillful public performer for entertainer (a trapeze artist): Artiste (3a) obs: one skilled or versed in learned art-used esp. of philosophers, servants, physicians or surgeons, astrologers, or alchemists b. archaic: One skilled in some technical or mechanical art or trade (as a cobbler, miner, surveyor, or seaman)'. Webster's Third New International Dictionary.
(9) The word 'artisan' as used in the Note to F.R.56(b) is preceded by the words highly skilled, semi-skilled or unskilled. The use of the words highly skilled, semi-skilled or unskilled before the word artisan shows that even a totally unskilled worker will qualify to be an artisan and as such he will be a workman for purposes of F.R.56(b). Thus a special meaning has been given to the word artisan under this provision. From the ordinary meaning of the word artisan, i.e. manual dexterity, the special meaning given to this word under F.R.56(b) seeks to drop the word dexterity. Only the word 'manual' remains. For the present purposes, thereforee, an artisan has to be only a manual worker. He may be skilled or totally unskilled meaning thereby that being skilled or semi skilled is no disqualification but being totally unskilled will also do. As long as a person is a manual worker, he will be covered under this special definition of the word 'workman' under F.R.56(b).
(10) This leads us to a further inquiry. There may be employees who may be doing manual work as well as some kind of other work which may be supervisory in nature or which may call for making some reports. In that event difficulties may arise in finding out whether such an employee is still covered under the definition of workman under F.R.56(b). In such an event attention has to be focussed on the predominant nature of the work of the person concerned. If the predominant nature of the work or duties of the concerned employee is manual, he will have the benefit of F.R.56(b). On the other hand if the predominant nature of his work or duties is otherwise, such an employee will not have the p73 benefit. Predominant nature of duties of an employee will be the deciding factor. In each case it will have to be considered and found on facts on record as to whether the predominant nature of the work of an employee is manual or it is otherwise and it is only on that basis that it will be determined whether an employee is covered under F.R.56(b) or not. For this, thereforee, no general principle can be laid down. Each case will have to be considered on its own facts.
(11) The Recruitment Regulations of the concerned posts may have to be seen to find out the job requirements of a particular post. The eligibility requirements of a post may also be a relevant factor. Where there are no Recruitment Regulations or prescribed qualifications or eligibility conditions, a case may have to be decided on the basis of pleadings and or other evidence. The petitioner may plead about the nature of duties rendered by him, which may be admitted or denied by the other side. thereforee, the facts of each case will have to be seen to determine the predominant nature of work of a petitioner in a given, case. Manohar Lal vs. M.C.D., 1989 (2) D.L. 15, a book binder was held as covered under F.R.56 (b) even though partly he had to supervise the work of other book binders working under him. Similarly in Andhra Pradesh State Road Corporation vs. Joseph Bemad & ors. 1982 (1) Slr 617, a vehicle inspector was held covered under a similar definition of a provision for extending the retirement age up to 60 years, It was held that predominant nature of duties of a vehicle inspector involved in that case were to check the vehicles which in turn required him to drive the vehicles personally. The predominant nature of his duties were held to be manual even though he was called inspector. He was held to be covered under the beneficial provision regarding extended retirement age.
(12) Apart from the predominant nature of work test, another factor which may be important to ascertain whether an employee is covered under F.R. 56 (h) is to seethe object of the work performed by him. To illustrate, if the duty is to report on work performed by Others, one will not be covered. Another person who is a desk worker, even though hi may be handling files, will not be covered. A nurse in a hospital will not be covers because she has to prepare reports about the condition of the patient for the doctor. In the pathological laboratory the person who has to report after examination of samples will no be covered even though he works with hands while examining the samples. Similarly in the X-ray department one who arranges for the patient's position and operates the machine may be covered, another who develops the film may also be covered, but one who merely makes a report about the X-ray will not be covered.
(13) In view of this special definition of the word 'workman' contained in F.R.56(b), the cases cited before us regarding meaning of the word 'workman' in the Industrial Disputes Act and the meaning of the word 'artisan' in the context of Art. 7 of the First Schedule to the Limitation Act and Section 60 of the Code of Civil Procedure have no relevance and need not be referred to. The other cases cited by the parties under provisions similar to F.R.56(b) are only illustrative. The crux of the matter is that facts of each case have to be seen. thereforee, we do not consider it necessary to refer to such cases.
(14) One thing which needs to be noted in this context is thatF.R.56(b) is a beneficial provision, i.e. a provision meant to confer certain benefits on employees who may be covered within the meaning of this provision. We have already noticed the object of this provision in the opening part of this judgment. thereforee, it may not be unjustified to say. that a liberal construction ought to be given to such a provision. For this we find support from the judgment of the Supreme Court in Chandigarh Administration vs. Mehar Singh, , wherein it was observed that the expression 'artisan' has, there- fore, to be understood as widely as possible and without regard to his skill'.
(15) Regarding the second requirement contained in the Note to F.R.56(b), i.e. 'employed on a monthly rate of pay', no controversy has been raised as it was not disputed that the petitioners are employed on a monthly rate of pay.
(16) This brings us to the last requirement of the Note, i.e. 'in an industrial or work charged establishment'. What meaning is to be given to the words 'industrial' or 'work charged establishment'? In this context Mr. Jagmohan Sabharwal, learned counsel for the Municipal Corporation of Delhi urged that the Municipal Corporation of Delhi is not an industrial establishment and, thereforee, the petitioners who are employees of the Municipal Corporation of Delhi, cannot in any event be covered under F.R.56(b). He submitted that the Municipal Corporation of Delhi is not carrying on any manufacturing activity and, thereforee, is not an industry. We have carefully considered this submission on behalf of the respondent. We find that in the context of the provision with which we are concerned, it may not be possible to hold that the Municipal Corporation is not an industry. For this purpose we may note that the Municipal Corporation is engaged in certain works particularly construction works, printing and publishing, running hospitals etc. where the activities are in the nature of an industry. When in such a big organisation there are Divisions/Branches, whose activities are in the nature of an industry, and such divisions exist Along with other Divisions and Branches where the work may be administrative or ministerial, it may not be advisable to bifurcate the organisation and for certain purposes hold it to be an industry while for other purposes to hold it not to be so. Looking into the predominant functions of the entire municipality, we are inclined to hold that for the present purposes, the Municipal Corporation of Delhi has to be treated as anindustry. For this view we derive support from Nagpur Corporation vs. Its Employees, : (1960)ILLJ523SC . thereforee, it cannot be said that the petitioners cannot have the benefit of F.R.56(b) because they are not working in an industrial establishment. We reject the contention raised on behalf of the respondent in this regard.
(17) The result of the above discussion is that for purposes of coverage under F.R.56(b) a workman has to be an artisan, skilled or otherwise, but one who is predominantly engaged in manual work. Of course he should be on a monthly rated pay and be working in an industrial or work charged establishment.
(18) Coming to the facts of the present case the petitioner held the post of a Camera- man in the respondent corporation. The petitioner has quoted the recruitment rules for the post of Cameraman in the petition. In para 11of the petition it has been stated by the petitioner that-
'HE has been mainly performing the duties of covering Photographs of various functions, covering Photographs of Hackney Carriage assign- ment, Covering Photographs of Civic Receptions to the foreign signatories and delegates, covering Photographs while on tour with the Mayor or Deputy Mayor, Commissioner and other authorities of the respondent corporation in all over Union Territory of Delhi; preparation of negative, processing of films, developing, fixing, drying and washing of films, he has to do physical checking of Camera and electronic Flashgun, to operate the Camera to see that filters are correctly used and defuses are adjusted to give a desired effect. It is submitted that these duties are of highly artistic nature. It is submitted that the petitioner is doing all these duties with his hands and by using other part of his body.'
(19) These facts have not been disputed in the counter affidavit filed on behalf of the respondent. The only reply is 'the petitioner as a Cameraman admittedly employs intelligence, initiative and other attributes which are not purely physical in nature and as such he cannot be termed as an Artisan and has rightly been retired on attaining the age of 58 years'. It has also been admitted that the petitioner was covering functions as a Cameraman and hackney carriage assignments.
(20) It is the petitioner's own case that his duties as Cameraman are of highly artistic nature. In the counter affidavit, the respondent has also asserted that as a Cameraman the petitioner employs intelligence, initiative and other attributes which are not purely physical in nature. Thus, from the pleadings of the parties, it is clear that the petitioner is discharging functions as a Cameraman which require skill and imagination in their performance. Photography is a highly skilled art and is not a mere mechanical function of operating the camera by pressing a button. A photographer has to use his imagination in choosing the right occasion for the photograph, what to cover within the frame of the camera, choosing the appropriate shutter speed, 'apperture and focus. Photography has always enjoyed a special status as a highly professional work. It is taught as a subject. People have specialised in different areas like portrait photography, group photography, news photography, animal photography etc. Photographers have been holding exhibitions to display their art and have won worldwide acclaim for the art practiced by them. A photographer is thus really an artist and cannot be called an artisan/workman within the meaning of F.R.56(b). The petitioner in the present case, thereforee, cannot be given the benefit of superannuation at the age of 60 years. He has been rightly retired on attaining the age of 58 years. The writ petition is accordingly dismissed.
(21) In the facts and circumstances of the case there will be no orders as to costs.