Labourer
Legal definition for Indian law research
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 Various repealed Acts of (English) Parliament (see, e.g., 5 Eliz.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.
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 Various repealed Acts of (English) Parliament (see, e.g., 5 Eliz.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.
Definitions are for legal research. Always verify meaning in the context of the statute, judgment, or jurisdiction cited.