Worker Definition
- “Worker” means a person employed, directly or by or through any agency (including a contractor) with or without the knowledge of the principal employer
- whether for payment or not, in any manufacturing process, or in cleaning any part of the machinery or premises used for a manufacturing process
- or in any other kind of work related to, or connected with the manufacturing process or the subject of the manufacturing process
- but does not include any member of the armed forces of the Union
Judicial review
- Bidi roller not controlled by management is not a worker (Shankar Balajiwaje v. the State of Maharashtra)
- Piece rate worker can be a worker but must be a regular worker (Shankar Balajiwaje v state of Maharashtra)
- Partners are not considered as a worker 1958(2)llj252sc
- Workmen in canteen attached to a Factory are employee( N .jagga roa v union of India 193530FlR38
- Collies employed by an independent contractor is an employee (chintaman roa v state of MP)
- Munimis a factory worker
Explanation
Generally worker definition is quite clear and revolve arround Engagement and remuneration
If, Any one engaged with work and that engagement is through directly or indirectly with management
And whether for remuneration or not than that person is said to be worker
Note:
- The manufacturing process must be involved or any kind of work incidental to or connected with the manufacturing process
- but not include armed force
- not necessary that engagement must be in knowledge of the principal employer
Previous Article- What is Manufacturing Process | Core interpretation of sec 2k of Factories Act 1948
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Thank You,
Shivam Jha
Industrial Relation Professional
Delhi
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