Workmen - Law Dictionary Search Results
Home Dictionary Name: workmenWorkmen's Compensation Act
Workmen's Compensation Act. (English) The Workmen's Compensation Act, 1897, introduced the principle of compulsory insurance of workmen by employers in a restricted number of trades. The gist of a right to compensation under the Acts is 'accident arising out of and in the course of the employment' causing personal injury to a workman (Workmen's Compensation Act, 1925 [15 & 16 Geo. 5, c. 84), s. 1 (1)] The compensation is not damages for negligence or any other tort at common law or by statute (see COMPBELL (LORD) ACTS (Fatal Accidents Acts, 1846-1908) and Employers Liability Act, 1880, sub tit. MASTER AND SERVANT), and an employer is not liable both for damages and compensation; but the workman or his representatives may elect between the remedies, and in an unsuccessful action for damages the Court may assess or refer the question of compensation to the proper tribunal, subject to an equitable order for costs (Workmen's Compensation Act, 1925, s. 25). Compensation is not payable for a...
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 See LABOURERS' DWELLINGS.Workmen (Unemployed).-The Local Government Act, 1929 (19 Geo.5, c. 17), s. 12, repealed the Unemployed Workmen Act, 1905, which established distress committees, whose functions were to ascertain con...
Workmen concerned in such dispute
Workmen concerned in such dispute, the expression 'workmen' concerned in such dispute in s. 33(1)(a) of the Industrial Disputes Act, 1947 is not limited to the workmen directly or actually concerned in such dispute, but induces all workmen on whose behalf the dispute has been raised as well as those who would be bound by the award which may be made in the said dispute', New India Motors (P) Ltd. v. K.T. Morris, AIR 1960 SC 875: (1960) 3 SCR 350. [Industrial Disputes Act, 1947, s. 33(1) (a), 33A, 32(12) & 18]...
Unemployed Workmen Act, 1905
Unemployed Workmen Act, 1905 (English) (5 Edw. 7, c. 18). See WORKMEN (UNEMPLOYED)....
workmen's compensation
workmen's compensation : workers' compensation ...
Employers and workmen
Employers and workmen. See MASTER AND SER-VANT....
Industrial dispute
Industrial dispute, means any dispute or difference between employers and employers, or between employers and workmen, or between workmen and workmen, which is connected with the employment or non-employment or the terms of employment or with the conditions of labour, of any persons. [Industrial Disputes Act, 1947, s. 2 (k)]The words 'Industrial disputes' in the Industrial Disputes Act include also disputes that might arise between municipalities and their employees in branches of work that can be said to be analogous to the carrying out of a trade or business, D.N. Banerjee v. P.R. Mukherjee, AIR 1953 SC 59: (1953) SCR 302. [Constitution of India Sch VII, List III, Entry 22]A dispute between an employer and single workman does not fall within the definition of Industrial dispute' under the U.P. Industrial Disputes Act, 1947. But though the applicability of the Act to an individual dispute as opposed to dispute involving a group of workmen is excluded, if the workmen as a body or a con...
Trade Union
Trade Union. The Acts 30 & 31 Vict. cc. 8, 74, provided for facilitating the proceedings of a commission appointed by Queen Victoria to inquire into and report on the organization and rules of trade unions, and other associations of employers and workmen. The (English) Trade Union Act, 1871 (34 & 35 Vict. c. 31), provides:-S. 2. 'The purposes of any trade union shall not, by reason merely that they are in restraint of trade, be deemed to be unlawful, so as to render any member of such trade union liable to criminal prosecution for conspiracy or otherwise.'S. 3. 'The purposes of any trade union shall not, by reason merely that they are in restraint of trade, be unlawful so as to render void or voidable any agreement or trust.'S. 4. 'Nothing in this Act shall enable any court to entertain any legal proceeding instituted with the object of directly enforcing or recovering damages for breach of any of the following agreements, namely,(1) Any agreement between members of a trade union as su...
Trade dispute
Trade dispute, means a dispute between two countries arising from tariff rates or other matters related to international commerce, Black's Law Dictionary, 7th Edn., p. 1500.This expression is defined in s. 5 (3) of the (English) Trade Disputes Act, 1906, as follows:-'Trade dispute' means any dispute between employers and workmen, or between workmen and workmen, which his connected with the employment or non-employment or the terms of the employment, or with the conditions of labour, of any person, and the expression 'workmen' means all persons employed in trade or industry whether or not in the employment of the employer with whom a trade dispute arises.By s. 1, 'An act done in pursuance of an agreement or combination by two or more persons shall, if done in contemplation of a trade dispute, not be actionable unless the act, if done without any such agreement or combination, would be actionable.' But the provisions of the Act shall not apply to any act done in contemplation or furthera...
Industry
Industry, 'Industrial dispute' and 'workman' taken in the extended significance, or exclude it. Though the word 'undertaking' in definition of industry is wedged in between business and trade on the one hand and manufacture on the other, and though therefore it might mean only a business or trade undertaking, still it must be remembered that if that were so, there was no need to use the word separately from business or trade. The wider import is attracted even more clearly when we look at the latter part of the definition which refers to 'calling, service, employment, or industrial occupation of, avocation of workman. 'Undertak-ing' in the first part of the definition and 'industrial occupation or avocation in the second part obviously mean much more than what is ordinarily understood by trade or business. The definition was apparently intended to include within scope what might not strictly be called a trade or business venture, Bangalore Water Supply and Sewerage Board v. A. Rajappa,...
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