EMPLOYEE
WORKMAN
As per the Section 2(e) of the of the Payment of ent of
gratuit y Act, 1972:
The
word "w "workman" has been defined in
Section 2(s) of the Indust rial Disputes
"employee" means any person (other than
Act, 1947 as follows:
an apprentice) employed on wages, in any
"workman" means any person (including
establishment,
oilfield,
an apprentice) employed in any industry to
plantation, port, railway company or shop,
do any manual, unskilled, skilled, technical,
to do any skilled, semi-skilled, or unskilled,
operational, clerical or supervisory work
manual, supervisory, technical or clerical
for hire or reward, whether the terms of
work,
such
employment be express or implied, and for
employment are express or implied, and
the purpose of any proceeding under this
whether or not such person is empl mployed
Act in relation to an industrial dispute,
in
administ ra rative
includes any such person who has been
capacit y, but does not include any such
dismissed, discharged or retrenched in
person who holds a post under the Central
connection with, or as a consequence of,
Government or a State Government and is
that dispute, or whose dismissal, discharge
governed by any other Act or by any rules
or retrenchment has led to that dispute,
providing for payment of gratuity.
ut does not inc not include ude any such person but doe
a
factory,
whether
mine,
the
managerial
terms
or
of
who is subject to the Air F orce Act , 1950
As per Section 2(f) of The Employees
(45 of 1950), or the Army the Army Act , 1950 (46 of
unds And Miscellaneous Provident Fund
1950), or the Navy Act , 1957 (62 of 1957);
Provisions Act, 1952
or (ii) who is empl mployed in the police
employee means any person who is
service or as an officer or other empl mployee
employed for wages in any kind of work,
of a pr prison; or
manual or otherwise, in or in connection
who is empl mployed mainly in a managerial
with the work of an establishment and
or administ ra rative capacit y; or (iv) who,
who gets his wages directly or indirectly
being
from the employer, and includes any
capacit y, draws wages exceeding one
person,-
thousand six
(i)
employed
by
through
a
hundred
supervisory
rupees
per
mensem or exercises, either by the
contractor in or in connection
nature of the duties attached to the office
with
or by reason of the powers vested in him,
work
of
the
establishment; (ii)
in
a
the
or
employed
functions mainly of a managerial nature.
engaged as an apprentice, not being
an
apprentice
engaged
under the Apprentices Act, 1961
As per Section 2(i) of The Cont ra ract Labour Regulation and Abolition Act.
(52 of 1961) or under the
1970
standing
"workman" means, any person employed,
orders
of
the
establishment;
in or in connection with the work of any establishment to do any skilled, semi-
As per Section 2(b) of the Employment
skilled or un-skilled manual, supervisory,
Exchanges (Compulsory Notification of
technical or clerical work for hire or
Vacancies) Act, 1959:
reward, whether the terms of employment
Employee means Any person who is
be express or implied but does not include
employed in an establishment to do any
any such person
work for remuneration.
mainly in a managerial or administrative
(A) who is employed
capacity; or
As per Clause 2(e) of the Employees
(B) who, being employed in a supervisory
Provident Fund Scheme, 1952
capacity draws wages exceeding five
"Employee" means a person appointed to
hundred rupees per mensem or exercises,
or borne on the cadre of the staff of the
either by the nature of the duties attached
Corporation, other than persons on
to the office or by reason of the powers
deputation.
vested in him, functions mainly of a managerial nature; or
As per Section 2(9) of the Employees'
(C) who is an out-worker, that is to say, a
St ate Insurance Act, 1948
person to whom any articles and materials
"employee" means any person employed
are given out by or on behalf of the
for wages in or in connection with the
principal employer to be made up, cleaned,
work of a factory or establishment to
washed, altered, ornamented, finished,
which this Act applies and -
repaired, adapted or otherwise processed
who is directly employed by the principal
for sale for the purposes of the trade or
employer on any work of, or incidental or
business of the principal employer and the
preliminary to or connected with the
process is to be carried out either in the
work of, the factory or establishment,
home of the out-worker or in some other
whether such work is done by the
premises, not being premises under the
employee in the factory or establishment
control and management of the principal
or elsewhere; or
employer.
who is employed by or through an immediate employer on the premises of
As per Section 2(j) of the Inter-St ate
the factory or establishment or under the
Migrant
supervision of the principal employer or
Employment and Conditions of Service)
his agent on work which is ordinarily part
Act, 1979.
Workmen
(Regulation
of
of
the
or
"workman" means any person employed in
establishment or which is preliminary to
or in connection with the work of any
the work carried on in or incidental to the
establishment to do any skilled, semi-
purpose of the factory or establishment;
skilled or unskilled, manual, supervisory,
or
technical or clerical work for hire or
whose services are temporarily lent or let
reward, whether the terms of employment
on hire to the principal employer by the
be express or implied, but does not include
person with whom the person whose
any such person-(i) who is employed
services are so lent or let on hire has
mainly in a managerial or administration
entered into a contract of service; and
capacity; or (ii) who, being employed in a
includes any person employed for wages
supervisory
on
exceeding
any
work
of
work
the
capacity,
factory
or
mensem, or exercises, either by the nature
establishment or any part, department or
of the duties attached to the office or by
branch thereof or with the purchase of
reason of the powers vested in him,
raw materials for, or the distribution or
functions mainly of a managerial nature.
the
sale of the products of, the factory or establishment or any person engaged as an apprentice, not being an apprentice engaged under the Apprentices Act, 1961 (52 of 1961), or under the standing orders of the establishment; but does not include - (a) any member of the Indian naval, military or air forces; or (b) any person so employed whose wages (excluding remuneration for overtime work) exceed such wages as may be prescribed by the Central Government : Provided that an employee whose wages (excluding) remuneration for overtime work) exceed such wages as may be prescribed by the Central Government at any time after (and not before) the beginning of the contribution period, shall continue to be an employee until the end of that period;
hundred
wages
the
of
five
draws
with
administration
connected
factory
rupees
per
As per Section 2(i) of the Minimum Wages Act, 1948 "employee" means any person who is employed for hire or reward to do any work, skilled or unskilled, manual or clerical, in a scheduled employment in respect of which minimum rates of wages have been fixed; and includes an outworker to whom any articles or materials are given out by another person to be made
up,
cleaned,
washed,
altered,
ornamented, finished, repaired, adapted or otherwise processed for sale for the purposes of the trade or business of that other person where the process is to be carried out either in the home of the outworker or in some other premises not being premises under the control and management of that other person; and also includes an employee declared to be an
employee
by
the
appropriate
Government; but does not include any member of the Armed Forces of the 2*[Union].
As per Section 2(13) of the Payment of Bonus Act, 1965: "employee" means Any person (other than an apprentice) employed on a salary or wage not exceeding three thousand and five hundred rupees per mensem in any industry to do any skilled or unskilled manual,
supervisory,
managerial,
administrative, technical or clerical work of hire or reward, whether the terms of
employment be express of implied.
