Workman - Law Dictionary Search Results
Home Dictionary Name: workman Page: 4Directly attributable to
Directly attributable to, if the delay in the completion of disciplinary proceedings is directly attributable to the conduct of such workman, B.D. Shetty v. Ceat Ltd., (2002) 1 SCC 193....
Ejusdem generis
Ejusdem generis (of the same kind or nature).of the same kind or nature, Black's Law Dictionary, 7th Edn., p. 535.This term is chiefly used in cases where general words have a meaning attributed to them less comprehensive than they would otherwise bear, by reason of particular words preceding them: e.g., the (English) Sunday Observance Act, 1677 (29 Car. 2, c. 7), enacts that no tradesman, artificer, workman, labourer, 'or other person whatsoever,' shall follow his ordinary calling on Sunday; here [see Sandiman v. Breach, (1827) 7 B&C 96] the word 'person' is confined to those of callings of the same kind as those specified by the preceding words, so as not to include a farmer. The ejusdem generis rule, as it is called, is one of the rules of construction applied by the Court in construing documents of all kinds, whether statutes, deeds, wills, mercantile docu-ments, or others. For a discussion of the rule, see Tillmanns & Co. v. S.S. Knutsford, Ltd., (1908) 2 KB 385, affirmed, (1908) ...
Employed
Employed, The word 'employed' in the definition of Motor Transport worker is not used in the sense of using the services of a person but rather in the sense of keeping a person in one's service, Ghatge and Patil Concerns' Employees Union v. Ghatge and Patel Transport (P) Ltd., AIR 1968 SC 503 (506): (1968) 1 SCR 300.The expression 'employed' has at least two known connotations but as used in the definition, the context would indicate that it is used in the sense of a relationship brought about by express or implied contract of service in which the employee renders service for which he is engaged by the employer and the latter agrees to pay him in cash or kind as agreed between them or statutorily prescribed. It discloses a relationship of command and obedience. The essential condition of a person being a workman within the terms of the definition is that he should be employed to do the work in that industry and that there should be, in other words, an employment of his by the employer ...
Employed in any industry
Employed in any industry, an employee who is engaged in any work or operation which is incidentally connected with the main industry of the employer would be a workman provided the other requirements of s. 2(s) are satisfied, J.K. Cotton Spg. and Wvg. Mills Co. Ltd. v. Labour Appellate Tribunal, AIR 1964 SC 737 (740): (1964) 3 SCR 724. [Industrial Disputes Act, 1947, s. 2(s)]...
Employer and contractor
Employer and contractor, the employer is one who employs, i.e., one who engages the services of other persons. The employee is one who works for another for hire. The employment is the contract of service between the employer and the employee where under the employee agrees to serve the employer subject to his control and supervision. A 'contractor' is a person who, in the pursuit of an independent business, undertakes to do specific jobs of work for other persons, without submitting himself to their control in respect to the details to the work'. There is a clear-cut distinction between a contractor and a workman. The identifying mark of the latter is that he should be under the control and supervision of the employer in respect of the details of the work, Chintaman Rao v. State of Madhya Pradesh, AIR 1958 SC 388 (391). [Industrial Disputes Act, (14 of 1947), s. 2(s)]...
Establishment
Establishment, includes a shop, commercial estab-lishment, workshop, farm, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment. [Child Labour (Prohibition and Regulation) Act, 1986, s. 2(iv)]1. The act of establishing, the state or condition of being established, 2. An institution or place of business, Black's Law Dictionary, 7th Edn., p. 566.It includes any place where any industry is carried on [and where an establishment consists of different departments or have branches, whether situated in the same place or at different places, all such departments or branches shall be treated as part of that establishment. [Apprentices Act, 1961 (52 of 1961), s. 2(g)]It means a corporation established by or under a Central, Provincial or State Act, or an authority or a body owned or controlled or aided by the government or a local authority or a Government company as defined in s. 617 of the Companies Act 1956 and includes Departments of a Gove...
Go slow
Go slow, Go-slow which is a picturesque description of deliberate delaying of production by workman pretending to be engaged in the factory is one of the most pernicious practices that discontented or disgruntled workmen some time resort to. It would not be far wrong to call this dishonest. For, while thus delaying production and thereby reducing the output the workmen claim to have remained employed and thus to be entitled to full wages. Apart from this also, 'go-slow' is likely to be much more harmful than total cessation of work by strike. For, while during a strike much of the machinery can be fully turned off, during the 'go-slow' the machinery is kept going on a reduced speed which is often extremely damaging to machinery parts. For all these reasons 'go-slow' has always been considered a serious type of misconduct, Bharat Sugar Mills Ltd. v. Jai Singh, (1962) 3 SCR 684: (1967) 2 LLJ 644....
In the course of employment
In the course of employment, the words 'In the course of employment' mean in the course of the work which the workman is employed to do and which is incidental to it', Mackinnon Machenzie and Co. (P) Ltd. v. Ibrahim Mahommad Issak, AIR 1970 SC 1906 (1908): (1969) 2 SCC 607: (1970) 1 SCR 869.The dictionary meaning of 'in the course of' is 'during (in the course of time, as time goes by), while doing' (The Concise Oxford Dictionary, New Seventh Edition). The dictionary meaning indicates that the accident must take place within or during the period of employment, Regional Director, ESI Corpn. v. Francis De Costa, AIR 1997 SC 432: (1996) 6 SCC 1. [ESI Act, 1948 (34 of 1948), s. 2(8)...
Industrial disease
Industrial disease. Compensation is provided for a workman under the Workmen's Compensation Act (which see) in respect of certain diseases. As to notification of an industrial disease occurring in a mine, see Coal Mines Act, 1911, s. 79....
Know-how
Know-how, means the information practical knowledge, techniques, and skill required to achieve some practical end, esp. in industry or technology. Know-how is considered intangible property in which rights may be bought and sold. Black's Law Dictionary, 7th Edn., p. 878.Is a modern and very useful colloquial expression of no precise meaning and was used in the agreement in the context of recital and not in relation to the expertise of an individual workman, is very apt and appropriate to include the Company's knowledge of process of preparation, packing and preservation of their products, especially having regard to the importance of such matters in tropical countries, Evans Medical Supplies Ltd. v. Moriatry (Inspector of Taxes), (1957) 1 All ER 336....
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