Employee - Definition - Law Dictionary Home Dictionary Definition employee

Definition :

Employee, includes not only persons employed directly by the employer but also persons employed through a contractor. Moreover, they include not only persons employed in the factory but also persons employed in connection with the work of the factory, P.M. Patel and Sons v. Union of India, (1986) 1 SCC 32: AIR 1987 SC 447: (1985) Supp 3 SCR 55.

A person who works in the service of another person (the employer) under an express or implied contract of hire under which the employer has the right to control the details of work performance, Black's Law Dictionary, 7th Edn., p. 543.

Means a person appointed to or borne on the

cadre of staff of the Corporation, other than

person on deputation. [Employees' State Insurance Corporation (General Provident Fund) Rules, 1995, s. 2(1)(e)]

Means any person appointed by the University and includes teachers and other staff of the University, Manipur University Act, 2005, s. 2(k).

In relation to the University, means a person other than a teacher or an officer employed by the University, Bengal Engineering and Science University Shibpur Act, 2004, s. 2(4).

Means any person appointed by the University and includes teachers and other staff of the University, Mizoram University Act, 2000. s. 2(i).

Means any person (other than an apprentice) employed on wages, in any establishment, factory, mine oilfield, plantation, port, railway company or shop to do any skilled, semi-skilled, or unskilled, manual, supervisory technical or clerical work, whether the terms of such employment are express or implied, and whether or not such person is employed in a managerial or administrative capacity, but does not include any such person who holds a post under the Central Government or a State Government and is governed by any other Act or by any rules providing for payment of gratuity. [Payment of Gratuity Act, 1972 (39 of 1972), s. 2 (e)]

'Employee' includes an apprentice, but at the same time it makes an exclusion in the case of an apprentice engaged under the Apprentices Act or under the standing orders, Regional Provident Fund Commissioners v. Central Arecanut and Coca Marketing and Processing Co-operative Ltd., (2006) 2 SCC 381.

Means any person (other than an apprentice) employed on a salary or wage not exceeding three thousand and five hundred rupees per mensem in any industry to do any skilled or unskilled manual, supervisory, managerial, administrative, technical or clerical work for hire or reward, whether the terms of employment be express or implied. [Payment of Bonus Act, 1965 (21 of 1965), s. 2 (13)]

Means any person who is employed for wages in any kind of work, manual or otherwise, in or in connection with the work of an establishment, and who gets his wages directly or indirectly from the employer, and includes any person,'

(i) employed by or through a contractor in or in connection with the work of the establishment;

(ii) engaged as an apprentice, not being an apprentice engaged under the Apprentices Act, 1961, or under the standing orders of the establishment. [Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952), s. 2 (f)]

(vi) means any person who is employed in an establishment to do any work for remuneration. [Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 (31 of 1959), s. 2 (b)]

An employee dismissed, discharged or removed on account of any industrial disputes is certainly an employee under s. 2(10) of the C.P. & Berar Industrial Disputes Act, Laxman v. State Industrial Court, (1974) 4 SCC 348: AIR 1974 SC 844 (847). [C.P. and Berar Industrial Disputes Settlement Act, 1947, s. 2(10)]

Casual 'employees' come within the purview of the Act, Regional Director E.S.I. Corp. v. South India Flour Mills (P.) Ltd., (1986) 3 SCC 238: AIR 1986 SC 1686 (1689). [Employees State Insurance Act, 1948, s. 2(9)(i)]

The definition of 'employee' in the act would include one who has been dismissed, Central Provinces Transport Service Ltd. v. Raghunath Gopal, AIR 1957 SC 104 (107). [C.P. and Berar Industrial Disputed Settlement Act, (23 of 1947), s. 2(10)]

The workers in order to come within the definition of 'employee' need not necessarily be directly connected with the main industry, Ahmedabad Mfg. and Calico Ptg. Co. Ltd. v. Ramtkhel Ramanand, AIR 1972 SC 1598 (1606). [Bombay Industrial Relations Act, (11 of 1947), s. 3(13)]