Labourer - Definition - Law Dictionary Home Dictionary Definition labourer

Definition :

Labourer, according to the dictionary meaning, this indicates a person who is engaged in the performance of unskilled labour, generally speaking. A person who is called upon to do some work which requires some amount of skill, however little that may be, is not to be regarded as a labourer, G. Venkatachalam Pillai v. Labour and Co. (Pte.) Ltd., AIR 1961 Mad 358 (359). [Limitation Act, 1908, Art. 7]

Means servants in husbandry or manufactures, not living intra m'nia. Various repealed Acts of (English) Parliament (see, e.g., 5 Eliz. c. 4) have vested in the justices of the peace the power of com-pelling persons not having any visible livelihood to go out to service in husbandry, or in certain specific trades, for the promotion of honest industry. A 'labourer' is a man who digs and does other work of that kind with his hands (per Brett, M.R., Morgan v. London General Omnibus Co., (1884) 53 LJQB 352); but a farmer is not a labourer within the Sunday Observance Act, 1677 (29 Car. 2, c. 7) [R. v. Silvester, (1864) 33 LJMC 79; but compare R. v. Wortley, (1851) 21 LJMC 44]. Nevertheless, a driver of a motor omnibus is 'engaged in manual labour', Smith v. Associated Omnibus Co., (1907) 1 KB 916.

Professional footballers are not employed 'by way of manual labour' (In re National Health Insce. Act, 1924; In re Professional Players of Association Football, 1928, W.N. 96). See, further, MASTER AND SERVANT.