Labour And Skill - Law Dictionary Search Results
Home Dictionary Name: labour and skillLabour and skill
Labour and skill, the dictionary meaning of 'skill', inter alia, is: 'the familiar knowledge of any science, art, or handicraft, as shown by dexterity in execution or performance; technical ability' and the meaning of 'labour' inter alia, is: 'physical or mental exertion, particularly for some useful or desired end, Chandrakant Manilal Shah v. CIT, AIR 1992 SC 66 (75): (1992) 1 SCC 76....
Business
Business, 'business' is a word of wide import. It has no definite meaning. Its perceptions differ from private to public sector or from institutional financing to commercial banking, Mahesh Chandra v. Regional Manager Uttar Pradesh Financial Corpn., AIR 1993 SC 935 (939): (1993) 2 SCC 279. [State Financial Corporation Act, (63 of 1951), s. 24]--Business would undoubtedly be property, unless there is something to the contrary in the enactment, J.K. Trust Bombay v. CIT, (1958) SCR 65: 1957 SCJ 845: AIR 1957 SC 846.Business includes the activities carried on by any public body, Halsbury's Laws of England, Vol. 20, 4th Edn., Para 546, p. 357. The term 'business' includes every trade, occupation and profession. The word 'business' has no technical meaning, but is to be read with reference to the subject and intent of the Act in which it occurs. The term 'business' means an affair requiring attention and labour as the chief concern; mercantile pursuits, that one does for livelihood, occupati...
Master and servant
Master and servant, a relation whereby a person calls in the assistance of others, where his own skill and labour are not sufficient to carry out his own business or purpose. See LABOURERS.Servants are of several descriptions:- 1st Servants in husbandry. These are very generally hired by the year, as from Michaelmas to Michaelmas, and this is an entire hiring for a year; and, unless otherwise stipulated, no wages are payable until the end of the year. Consult Burn's Justice, tit. 'Servants.'2nd Servants in particular trades. These (who are now more frequently termed 'workmen,' their masters being termed 'employers') are subject to the control of the magistrates under the (English) Employers and Workmen Act, 1875 (38 & 39 Vict. c. 90), and by the Truck Acts (see that title) their wages must be paid in coin.3rd Apprentices. These are placed with the master to learn his trade, with a view hereafter of following it themselves. See APPRENTICE.4th Menial or domestic servants. If no terms be ...
Solicitor
Solicitor, an officer of the Supreme Court of Judicature, who, and who only, is entitled to 'sue out any writ or process, or commence, carry on, solicit, or defend any action, suit or other proceeding' in any Court whatever (see (English) Solicitors Act, 1932, s. 45). 'Solicitor of the Supreme Court' was the title given by the (English) Judicature Act, 1843, s. 87, to all attorneys, solicitors, and proctors, and continued by (English) Solicitors Act 1932, s. 81. Prior to that Act, 'attorneys' conducted business in the Common Law Courts, 'solicitors' business in the Court of Chancery and 'proctors' ecclesiastical and Admiralty business; but it was the general practice, although any person might be admitted to practise as an attorney or solicitor only, to be admitted to practise as an attorney and solicitor also.Solicitors practise as advocates before magistrates at petty sessions and quarter sessions where there is no bar, in County Courts, at Arbitrations, at Judges' Chambers, Coroners...
Labourer
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...
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...
Profession
Profession, 'one of a limited number of occupation or vocations involving special learning and carry-ing a social prestige -- the learned professional, law, medicine, and the church', New Lexicon Webster Dictionary, p. 798.A profession ordinarily is an occupation requiring intellectual skill, often coupled with manual skill. Thus a teacher uses purely intellectual skill while a painter uses both. In any event, they are not engaged in an occupation in which employers and employees co-operates in the production or sale of commodities or arrangement for their production or sale or distribution and their services cannot be described as material services, Safdarjung Hospital v. Kuldip Singh Sethi, AIR 1970 SC 1407 (1413): (1970) 1 SCC 735; see also Sodan Singh v. NDNC, (1989) 4 SCC 155.Calling, vocation, known employment; divinity, physic, and law are called the learned professions.Includes business, Pioneer Motors v. Municipal Council Ngarcoil, AIR 1967 SC 684: 1961 (3) SCR 609.Profession,...
Hire
Hire [locatio, conductio, Lat.], a bailment for a reward or compensation. It is divisible into four sorts:-(1) The hiring of a thing for use (locatio rei). (2) The hiring of work and labour (locatio operis faciendi). (3) The hiring of care and services to be performed or bestowed on the thing delivered (locatio custodi'). (4) The hiring of the carriage of goods (locatio operis mercium vehendarum) from one place to another. The three last are but sub-divisions of the general head of hire of labour and services.The rights, duties, and obligations of the parties resulting from the contract of bailment for hire may be thus stated:-(I.) Hire of things. The letting to hire implies an obligation to deliver the thing to the hirer; to refrain from every obstruction to the use of it by the hirer during the period of the bailment; to do no act that shall deprive the hirer of the thing; to warrant the title and right of possession to the hirer, in order to enable him to use the thing, or to perfor...
Artisan
Artisan, the expression 'artisan' has to be understood as widely as possible and without regard to his skill. Nevertheless, he must be both a workman and an artisan of some kind, Chandigarh Admn. v. Mehar Singh, 1992 Supp (3) SCC 43 (45): 1992 SCC (L&S) 990. [Fundamental Rules, R. 56 (b)]The word 'artisan', has to be understood in common parlance in a wider sense as an art or an artist or one employed in any of the industrial arts or produces an article of commercial value or utility with manual dexterity, either by manual labour or with the help of tools or machine and brings into existence a product for sale or service, State of Orissa v. Adwait Charan Mohanty, 1995 Supp (1) SCC 470 (475). [Orissa Service Code, Rule 71 (a), Note to second Proviso]...
Cine worker
Cine worker, means an individual--(i) who is employed, directly or through any contractor or other person, in or in connection with the production of a feature film to work as an artiste (including actor, musician or dancer) or to do any work, skilled, unskilled, manual, supervisory technical, artistic or otherwise; and(ii) whose remuneration with respect to such employment in or in connection with the production of such feature film does not exceed, where such remuneration is by way of monthly wages, a sum of one thousand six hundred rupees per month, and where such remuneration is by way of a lump sum, a sum of fifteen thousand rupees. [Child Labour (Prohibition and Regulation) Act, 1986 (61 of 1986), s. 2 (c); see also (50 of 1981), s. 2(c); (50 of 1981), s. 2(l)]...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial