2. In this Act, unless there is anything repugnant in the
subject or context
(a)
apprentice means a person employed in an industrial
establishment for purpose of training therein whether on hire, wages
or otherwise ;
(b)
day means a period of twenty-four hours beginning at midnight ;
(c)
employee means any person (including an apprentice) employed in any industrial establishment to do any skilled or
unskilled, manual, supervisory, technical or clerical work for hire or reward whether the terms of employment be express or implied, but does not include any such person :
(i)
who is employed mainly in a managerial or administrative
capacity ; or
(ii)
whose duties are primarily of a travelling nature ;
(d)
employer when used in relation to an industrial
establishment means a person, by whatever name he may be called,
who has the immediate control over the affairs of the industrial
establishment and shall include
(i)
where an industrial establishment is owned, operated or managed by a department of the State Government, the authority specified in that behalf, and where no such authority is specified, the
lead of such department ; and
(ii)
where an industrial establishment is owned, operated or
managed by or on behalf of a local authority, the chief executive
authority of such establishment ;
(e)
State Government means the Government of Uttar Pradesh;
(f)
industrial establishment means
(i)
a factory as defined in clause (m) of section 2 of the Factories
Act, 1948, or any place which is deemed to be a factory under subsection (2) of section 85 of that Act ; and
(ii)
such other class of establishments as the State Government
may, by notification in the Gazette, declare to be an industrial
establishment for the purposes of this Act ;
(g)
Inspector means a person appointed as an Inspector under
sub-section (1) of section 4 ;
(h)
“prescribed” means prescribed by rules made under this Act;
(i)
“national holiday” means the twenty-sixth days of January
the fifteenth day of August and the second day of October every year ;
(j)
“wages” means all remuneration capable of being expressed
in terms of money, which would if the terms of employment, express or
implied, were fulfilled, be payable to an employee in respect of his
employment, or of work done in such employment, and includes ;
(i)
such allowances, including dearness allowance, as the
employee is, for the time being, entitled to ;
(ii)
the value of any house accommodation or of supply of light,
water, medical attendance or other amenity or of any service or of any
concessional supply of food grains or other articles ; and
(iii)
any travelling concession ; but does not include —
(a)
any bonus ;
(b)
any contribution paid or payable by the employer to any
pension fund or provident fund or for the benefit of the employee
under any law for the time being in force ;
(c)
any gratuity payable on the termination of his service.
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