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- “Workman” means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be expressed or implied.
- For the purposes of any proceeding under the Act in relation to an industrial dispute, a “workman” includes: (a) any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of that dispute, or (b) any person whose dismissal, discharge or retrenchment has led to that dispute.
- Specifically, a “workman” does not include (among others) any such person who is employed mainly in a managerial or administrative capacity, or who is exercising functions mainly of a managerial nature. [Section 2(s)]
- To be a workman, a person must have been employed in an activity which is an “industry” as per Section 2(j)
- The relationship of employer and workman is typically supported by a contract of employment, which may be expressed or implied.
- Here one must distinguish between contract for service and contract of service
- In the former, the employer can require what is to be done
- In the latter, he can not only order what is to be done, but also how it shall be done
- In the case of contract for employment, the person will not be held as a “workman” but only an “independent contractor”
- There should be due control and supervision by the employer for a master and servant relationship
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