Clerical Work - Law Dictionary Search Results
Home Dictionary Name: clerical workClerical work
Clerical work, ordinarily implies stereotype work without power of control or dignity or initiative or creativeness, Sonepat Co-op. Sugar Mills Ltd. v. Ajit Singh, (2005) 3 SCC 232....
Workman
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.Car...
Employee
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 thecadre of staff of the Corporation, other thanperson 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 office...
Workmen
Workmen, if a person is mainly doing supervisory work, but, incidentally or for a fraction of the time, also does some clerical work, it would have to be held that he is employed in supervisory capacity; and, conversely, if the main work done is of clerical nature, the mere fact that some supervisory duties are also carried out incidentally or as a small fraction of the work done by him will not convert his employment as a clerk into one in supervisory capacity, Ananda Bazar Patrika (P) Ltd. v. The Workmen, (1970) 3 SCC 248.Those earning their livelihood by manual labour.Workmen's Dwellings.-See HOUSING OF THE WORKING CLASSES.As to facilities for small dwellings not exceeding a rateable value of 100l. a year see (English) Settled land Act, 1925, ss. 57, 107 and 117. See LABOURERS' DWELLINGS.Workmen (Unemployed).-The Local Government Act, 1929 (19 Geo.5, c. 17), s. 12, repealed the Unemployed Workmen Act, 1905, which established distress committees, whose functions were to ascertain con...
Workman/industry/teacher
Workman/industry/teacher, imparting of education which is the main function of teachers cannot be considered as skilled or unskilled manual work or supervisory work or technical work or clerical work. Imparting of education is in the nature and a mission or a noble vocation. Therefore, the teacher of the school was not a 'workman' though the school was an industry, in view of the definition of workman as it now stands, A. Sundarambal v. Govt. of Goa, Daman & Diu, AIR 1988 SC 1700: (1988) 4 SCC 42: (1988) Supp 1 SCR 604...
Clerical error
Clerical error, an error in a document which can only be explained by considering it to be a slip or mistake of the party preparing or copying it. Clerical errors in judgments or orders may be corrected by the Court or a judge under R.S.C. Ord. XXVIII., r. 11, and in awards, by the arbitrator, under the Arbitration Act, 1889 (52 & 53 Vict. c. 49), s. 7; and for the inherent right of a Court to correct an error or supply an accidental omission, see Milson v. Carter, 1893 AC 640.As to contracts, clerical errors have frequently been corrected by application of the maxims, Qui h'ret in litera, h'ret in cortice, or, Mala grammctica non vitiat chartam. A clerical error in a lease for ninety-four years at a yearly rent 'during the said term of ninety-one years and a quarter' was corrected by the counterpart into ninety-one years and a quarter, in Burchell v. Clark, (1876) 2 CPD 88, by a majority of the Court of Appeal; and see Spyve v. Topham, (1802) 3 East 115; and other cases showing that c...
Clerical or arithmetical error
Clerical or arithmetical error, A clerical or arithmetical error is an error occasioned by an accidental slip or omission of the court. It represents that which the the court never intended to say. It is an error apparent on the face of the record and does not depend for its discovery on argument or disputation. An arithmetical error is a mistake of calculation, and a clerical error is a mistake in writing or typing, Sooraj Devi v. Pyare Lal, (1981) 2 SCR 485: (1981) 1 SCC 500: AIR 1981 SC 736 (738). [Criminal Procedure Code (2 of 1974) s. 362]...
Bona fide clerical mistake
Bona fide clerical mistake, bona fide clerical error would normally be one where an officer has indicated a particular date of birth in his application form or any other document at the time of his employment but, by mistake or oversight a different date has been recorded, Union of India v. C. Rama Swamy, AIR 1997 SC 2055 (2061): (1997) 4 SCC 647. [All India Services(Death-Cum-Retirement Benefits) Rules (1958), R. 16A]...
Clerical subscription
Clerical subscription. The (English) Clerical Subscription Act, 1865 (28 & 29 Vict. c.122), s. 4, as amended by the Statute Law Revision Act, 1893, enacts that every person about to be ordained priest or deacon shall, before ordination, in the presence of the archbishop or bishop by whom he is about to be ordained, make the following 'Declaration of Assent':I assent to the Thirty-nine Articles of Religion, and to the Book of Common Prayer and of the ordering of Bishops, Priests, and Deacons. I believe the doctrine of the Church of England, as therein set forth, to be agreeable to the word of God; and in public prayer and administration of the Sacraments I will use the form in the said book prescribed, and none other, except so far as shall be ordered by lawful authority.See Articles OF RELIGION; and for an attempt to define 'lawful authority,' see Lely on the Church of England Position, at p. 138.Oaths of allegiance and of canonical obedience to the bishop have also to be taken....
Housing of the working classes
Housing of the working classes. The Housing Act, 1936 (26 Geo. 5, and 1 Edw. 8, c. 51), replaces with amendments the Housing Acts, 1925, 1930 and 1935, and consolidates the general law on the subject with some exceptions, chiefly relating to agricultural populations and needs, which are also provided for in unrepeated portions of the Acts of 1930 and 1935. Very wide powers are conferred on local authorities over the ownership of land and housing properties, and populations within their districts, enabling those authorities to make bye-laws for houses occupied or adaptable for the working classes; to effect the clearance, demolition, rebuilding, redevelopment or improvement of houses either singly or in whole areas and other-wise regulating sites or houses; to prevent over-crowding, and generally making it incumbent on these authorities to review and provide for the housing conditions of the working classes, and in addition giving powers of compulsory expropria-tion of private owners fr...
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