Person Employed - Law Dictionary Search Results
Home Dictionary Name: person employedPerson employed
Person employed, 'person employed' means - (a) in the case of a factory or an industrial undertaking, a member of the clerical staff employed in such factory or undertaking; (b) in the case of a commercial establishment other than a clerical department of a factory or an industrial undertak-ing, a person wholly or principally employed in connection with the business of the establishment, and includes a peon, T. Devadasan v. Gordon Woodroffe and Co. (P) Ltd., AIR 1972 SC 1479: (1972) 3 SCC 700: (1973) 1 SCR 213. [T.N. Shops and Establishment Act, 1947, s. 2 (12) (iii)](ii) According to the definition in s. 2(14) of the Andhra Pradesh (Telengana Area) Shops and Establishments Act, 1951 even if a person is not wholly employed, if he is principally employed in connection with the business of the shop, he will be a 'person employed' within the meaning of the sub-section, Silver Jubilee Tailoring House v. Chief Inspector of Shops and Establishments, AIR 1974 SC 37 (44, 45): (1974) 3 SCC 498:...
Employed in an establishment
Employed in an establishment, An employee is defined in S. 2(f) of the Beedi and Cigar Workers (Conditions of Employment) Act, 1966 to mean any person employed directly or through any agency in any establishment and include any labour who is given raw materials by an employer or a contractor at home referred to as the home-worker and any persons employed by an employer or a contractor but working at the premises with the employer or contractor. Therefore, the words 'employed in an establishment' in s. 26 of the Act are referable to home-workers as well, Mangalore Ganesh Beedi Works v. Union of India, (1974) 4 SCC 43: AIR 1974 SC 1832: (1974) 3 SCR 221....
Refusal to continue to employ
Refusal to continue to employ, the words 'refusal to continue to employ' in s. 2(1) of Industrial Disputes Act, 1947 means a refusal by the employer to allow any number of persons employed by him to attend to their duties without effecting a termination of service, Feroz Din v. State of West Bengal, AIR 1960 SC 363 (367): (1960) 2 SCR 319....
Competent person
Competent person, in relation to any provision of this Act, means a person or an institution recognised as such by the Chief Inspector for the purposes of carrying out tests examinations and inspections required to be done in a factory under the provisions of this Act having regard to-(i) the qualifications and experience of the person and facilities available at his disposal; or(ii) the qualifications and experience of the persons employed in such institution and facilities available therein, with regard to the conduct of such tests, examinations and inspections, and more than one person or institution can be recognised as a competent person in relation to a factory. [Factories Act, 1948 (63 of 1948), s. 2 (ca)]...
National insurance
National insurance. The (English) National Insur-ance Act, 1911 (1 & 2 Geo. 5, c. 55), introduced by Mr. Lloyd George, established a wide system of compulsory state insurance covering both ill-health and unemployment, which is based upon premiums contributed in part by the employer, in part by the employee, and in part by the State. The Act consisted of three parts, the first dealing with National Health Insurance, the second with Unemployment Insurance, and the third contained miscellaneous provisions. This Act remained the basis of National Health Insurance, although the subject of very extensive amendment, until the National Health Insurance Act, 1924, consolidated the law. The law has been consolidated again by the (English) National Health Insurance Act, 1936 (26 Geo. 5, and 1 Edw. 8, c. 32), amends and repeals the whole of the Acts passed in 1920, 1922, 1924 and 1928. The arrangement is as follows:-Part I. Insured Persons and Contributions.Part II. Benefits.Part III. Approved Soc...
Employer
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 establi...
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...
Strike
Strike, is of an artificial character and does not represent any legal definition or description. It is an agreement between persons who are working for a particular employer, not to continue working for him, Bankey Lal v. State of Uttar Pradesh, AIR 1959 All 614: (1957) 2 Lab LJ 231.Means a total or partial cessation of work by employees employed in an industrial undertaking acting in combination or a concerted refusal or a refusal under a common understanding of em-ployees to continue to work or to accept work where such cessation or refusal is in consequence of an industrial dispute in any industry, Mill Manager, Model Mills Nagpur Ltd. v. Dharam Das, AIR 1958 SC 311.Strike. The (English) Trade Disputes and Trade Unions Act, 1927 (17 & 18 Geo. 5, c. 22), by s. 8 provides:-The expression 'strike' means the cessation of work by a body of persons employed in any trade or industry acting in combination, or a concerted refusal under a common understanding of any number of persons who are...
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...
Common employment
Common employment. The general rule that a master is liable for damage caused by the negligence of his servant has the exception that where the person injured is the fellow-servant of and engaged in common employment with the person whose negligence causes the injury, the master is not liable in an action at Common law. The principle upon which the exception rests is that 'a servant who engages for the performance of services for compensation does as an implied part of the contract take upon himself, as between himself and his master, the natural risks and perils incident to the performance of such services; the presumption of law being that the compensation was adjusted accordingly, or, in other words, that these risks are considered in the wages' [per Balckburn, J., Morgan v. Vale of Neath R. Co., (1864) 5 B&S 578]. For review of cases, see Bray, J., in Cribb v. Kynoch, Ltd., (1907) 2 KB 548. The doctrine applies in spite of difference in rank or grade between the two servants, e.g.,...
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