Workman - Definition - Law Dictionary Home Dictionary Definition workman

Definition :

Workman, does not include an apprentice/trainee appointed under the Apprentices Act, 1961, Dhampur Sugar Mills v. Bhola Singh, (2005) 2 SCC 470. [Uttar Pradesh Industrial Disputes Act, 1947 (28 of 1947), s. 2(z)]

Here includes an employee employed as supervisor. There are only two circumstances in which such a person ceases to be a workman. Such a person is not a workman if he draws wages in excess of Rs. 500 per month or if he performs managerial functions by reason of a power vested in him or by the nature of duties attached to his office, All India Reserve Bank Employees' Association v. Reserve Bank of India, AIR 1966 SC 305: (1966) 1 SCR 25.

The term 'workman' as used in s. 33C(2) includes all persons whose claim, requiring computation under this sub-s., is in respect of an existing right arising from his relationship as an industrial workman with his employer, National Buildings Construction Corporation Ltd. v. Pritam Singh Gill, AIR 1972 SC 1579: (1972) 2 SCC 1: (1973) 1 SCR 40.

Cart driver engaged by Area Manager of Bank for which allowance was given to him was not 'workman' of the Bank even though the car was maintained at the Bank's expense, Punjab National Bank v. Ghulam Dastagir, AIR 1978 SC 481: (1978) 2 SCC 358. [Industrial Disputes Act (14 of 1947), s. 2(s)]

Assistant, mainly performing clerical work and incidentally performing some supervisory work, is a 'workman', Arkal Govind Raj Rao v. Ciba Geigy of India Ltd., AIR 1985 SC 985: (1985) Supp 1 SCR 282: (1985) 3 SCC 371. [Industrial Disputes Act, 1947, s. 2(s)]

Means any person employed in or in connection with the work of any establishment to do any skilled, semi-skilled or un-skilled manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be express or implied, but does not include any such person-

(A) who is employed mainly in a managerial or administrative capacity; or

(B) who, being employed in a supervisory capacity draws wages exceeding five hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature; or

(C) Who is an out-worker, that is to say, a person to whom any articles or materials are given out by or on behalf of the principal employer to be made up, cleaned, washed, altered, ornamented, finished, repaired, adapted or otherwise processed for sale for the purposes of the trade or business of the principal employer and the process is to be carried out either in the home of the out-worker or in some other premises, not being premises under the con-trol and management of the principal employer. [Contract Labour (Regulation and Abolition) Act, 1970 (37 of 1970), s. 2 (1) (i)]

Means any person employed in or in connection with the work of any establishment to do any skilled, semi-skilled or unskilled, manual, super-visory, technical or clerical work for hire or reward, whether the terms of employment be express or implied, but does not include any such person:

(i) who is employed mainly in a managerial or administration capacity; or

(ii) who, being employed in a supervisory capacity, draws wages exceeding five hundred rupees per mensem, or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature. [Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (30 of 1979), s. 2 (1) (j)]

It means any person who has entered into, or works under a contract of, service or apprenticeship with an employer whether by way of manual labour, clerical work or otherwise, and whether the contract is expressed or implied, oral or in writing. [Employers' Liability Act, 1938 (24 of 1938), s. 2 (a)]

A person doing clerical work in the industry was treated as a 'workman'. Hence, he falls within the definition of 'workman' in s. 2(z) of the Uttar Pradesh Industrial Disputes Act, 1947; Samishta Dube v. Cily Board, Etavaha, AIR 1999 SC 1056: AIR 3 SCC 14. [Uttar Pradesh Industrial Disputes Act, 1947 (28 of 1947), s. 2(z); Industrial Disputes Act, 1947, s. 2(s)]