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Employer - Definition - Law Dictionary Home Dictionary Definition employer

Definition :

Employer, means (i) a company; (ii) a firm; (iii) an association of persons or a body of individuals, whether incorporated or not, but excluding any fund or trust or institution eligible for exemption under clause (23C) of section 10 or registered under section 12AA; (iv) a local authority; and (v) every artificial judicial person, not falling within any of the preceding sub-clauses. [Income-tax Act, 1961 (43 of 1961), s. 115W(a)]

Employer, means:

A person who controls and direct a worker under an express or implied contract of hire and who pays the workers salary or wages, Black's Law Dictionary, 7th Edn.

(a) in relation to contract labour, the principal employer, and

(b) in relation to other labour, the person who has the ultimate control over the affairs of any establishment or who has, by reason of his advancing money, supplying goods or otherwise, a substantial interest in the control of the affairs of any establishment, and includes any other person to whom the affairs of the establishment are entrusted, whether such other person is called the managing agent, manager, superintendent or by other name. [Beedi and Cigar Workers (Conditions of Employment) Act, 1966 (32 of 1966), s. 2(g)]

--the meaning assigned to it in clause (f) of s. 2 of the Payment of Gratuity Act, 1972. [Equal Remunera-tion Act, 1976 (25 of 1976), s. 2 (c)]

In relation to a dock worker, means the person by whom he is employed or to be employed as aforesaid. [Dock Workers (Regulation of Employ-ment) Act, 1948 (9 of 1948), s. 2 (c)]

In relation to a dock worker, means the person by whom he is employed or is to be employed on dock work whether for remuneration or not. [Dock Workers (Safety, Health and Welfare) Act, 1986, s. 2 (f)]

In relation to the operator of any dangerous machine, means the person by whom such operator has been employed, whether for any remuneration or otherwise, for operating such machine. [Dangerous Machines (Regulation) Act, 1983, s. 3 (f)]

Includes any body of persons whether incorporated or not, any managing agent of an employer, and the legal representatives of a deceased employer, and, where the services of a workman are temporarily lent or let on hire to another person by the person with whom the workman has entered into a contract of service or apprenticeship, means such other person while the workman is working for him. [Employers' Liability Act, 1938, s. 2 (b); Also see Workmen's Compensation Act, 1923 (4 of 1936), s. 2 (1) (e)]

Includes the legal representative of a deceased employer. [Payment of Wages Act, 1936 (4 of 1936), s. 2 (ia)]

Includes--

(i) in relation to an establishment which is a factory, the owner or occupier of the factory, including the agent of such owner or occupier, the legal representative of a deceased owner or occupier and where a person has been named as a manager of the factory under clause (f) of sub-s. (1) of s. 7 of the Factories Act, 1948, the person so named; and

(ii) in relation to any other establishment, the person who, or the authority which, has the ultimate control over the affairs of the establishment and where the said affairs are entrusted to a manager, managing director or managing agent, such manager, managing director or managing agent. [Payment of Bonus Act, 1965 (21 of 1965), s. 2 (14)]

Means any person who employs one or more other persons to do any work in an establishment for remuneration and includes any person entrusted with the supervision and control of employees in such establishment. [Apprentices Act, 1961 (52 of 1961), s. 2 (f)]

Means any person who employs one or more other persons to do any work in an establishment for remuneration and includes any person entrusted with the supervision and control of employees

in such establishment. [Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 (31 of 1959), s. 2 (c)]

Means in relation to any motor transport undertaking, the person who, or the authority which, has the ultimate control over the affairs of the motor transport undertaking, and where the said affairs are entrusted to any other person whether called a manager, managing director, managing agent or by any other name, such other person. [Motor Transport Workers Act, 1961 (27 of 1961), s. 2 (e)]

Means:

(i) in relation to a Government, the authority notified by the Head of the Department in this behalf or where no such authority is notified, the Head of the Department; and

(ii) in relation to an establishment, the Chief Executive Officer of that establishment. [Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996), s. 2 (j)(i)(ii)]

Means:

(i) in relation to any industry carried on by or under the authority of any department of the Central Government or a State Government, the authority prescribed in this behalf, or where no authority is prescribed, the head of the department.

(ii) in relation to an industry carried on by or on behalf of a local authority, the chief executive officer of that authority. [Industrial Disputes Act, 1947 (14 of 1947), s. 2 (g)]

Means, in relation to any establishment, factory, mine, oilfield, plantation, port, railway company or shop:

(i) belonging to, or under the control of, the Central Government or a State Government a person or authority appointed by the appropriate Government for the supervision and control of employees, or where no person or authority has been so appointed, the head of the Ministry or Department concerned,

(ii) belonging to, or under the control of, any local authority, the person appointed by such authority for the supervision and control of employees or where no person has been so appointed, the chief executive officer of the local authority,

(iii) in any other case, the person, who, or the authority which, has the ultimate control over the affairs of the establishment, factory, mine, oilfield, plantation, port, railway company or shop, and where the said affairs are entrusted to any other person, whether called a manager, managing director or by any other name, such person. [Payment of Gratuity Act, 1972 (39 of 1972), s. 2 (f)]

Means:

(i) in relation to an establishment which is a factory, the owner or occupier of the factory, including the agent of such owner or occupier, the legal representative of a deceased owner or occupier and, where a person has been named as a manager of the factory under clause (f) of sub-s. (1) of s. 7 of the Factories Act, 1948, the person so named; and

(ii) in relation to any other establishment, the person who, or the authority which, has the ultimate control over the affairs of the establishment, and where the said affairs are entrusted to a manager, managing director or managing agent, such manager, managing director or managing agent. [Employees' Provident Funds and Miscellaneous Provisions Act, 1952, s. 2 (e)]

The employer contemplated by ss. 33 and 33A of the Industrial Disputes Act,1947 must be the identical employer concerned in the industrial dispute which is the subject-matter of adjudication, State of Bihar v. S.K. Roy, AIR 1966 SC 1995: (1996) Supp SCR 259.

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