..., who is not an outworker, must be treated as a regular employee of the principal employer. It has been noticed above that an outworker falls within the exclusionary clause of the definition of...notification issued by the Central Government on 9-12-1976 was never sought to be applied to the establishments of FCI and ONGC but in view of the amendment of the definition of the expression “appropriate...“State” and, therefore, it would satisfy the requirement of the definition of “appropriate Government”. He contended that in Air India case...

...regular employee of the principal employer. It has been noticed above that an outworker falls within the exclusionary clause of the definition of ‘workman’. The word ‘outworker’ connotes a person who...) in some other premises not under the control and management of the principal employer. A person who is not an outworker but satisfies the requirement of the first limb of the definition of ‘workman...not the Central Government.”However, on or about 28-1-1986, the definition of “appropriate Government” was amended by Act 14 of 1986 in terms whereof, the...

...definition that if an outworker prepares goods at his own residence and then supplies them to the employer, he has for the purposes of the...definition that it includes an out-worker 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...management of that other person. The contention of the learned counsel for the applicant entirely overlooks this part of the definition of the word 'employee' as contained in the...

..., who is not an outworker, must be treated as a regular employee of the principal employer. It has been noticed above that an outworker falls within the exclusionary clause of the definition of...of Steel Authority of India and Ors. v. National Union of Waterfront Workers and Ors., observed: "71. By definition to..."workman". The word "outworker" connotes a person who carries out the type of work, mentioned in Sub-clause (C) of Clause (i) of Section 2(1), of the principal employer with the...

...Akhadedar to come within the definition of '"employee"" must satisfy the essential requirements specified in the definition. That he is an outworker is not in dispute. That articles or materials are...supervision of the merchant, cannot be brought within the ambit of the definition of "employee" merely for the reason that an Akhadedar is an "out-worker" to whom raw material is given by the merchant...the decisions on which reliance has been placed by the learned Counsel for the petitioners, have no bearing on the facts of the case in view of the definition of...

...jurisdiction to pass an order directing the management to pay subsistence allowance. Admittedly, the 2nd respondent was the Manager of the Showroom of the petitioner establishment at Bangalore. The definition...of an ‘employee’ under the Payment of Subsistence Allowance Act would exclude persons employed in managerial or administrative capacity. The definition under S. 2(a) of the above Act would read...an out worker, that is to say, a person to whom any articles or materials are given out by or on behalf of the employer to be cleaned, washed, altered, ornamented or repaired by such outworker in any...

...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 …”Having regard to this wide definition it is impossible to contend that the weavers are not employees of the master-weavers...home of out-worker, it is clearly stated that the said worker is an employee. In view of this definition, Sri Rajeswara Rao, learned counsel for the petitioner very rightly in our view did not...

...during the period of suspension. Section 2 of the said Act deals with definition clauses. Section 2(a) defines ‘employee’ as follows:— “2. Definitions.- In this Act, unless...in a managerial or an administrative capacity or as an outworker, that is to say, a person to whom any articles or materials are given out by or on behalf of the employer to be cleaned, washed, altered..., ornamented or repaired by such outworker in any place not under the control and management of the employer;” 10. Section 2(b) defines ‘employer’ as follows...

...failed to advert to the objections filed by the petitioner much less the provisions of Section 2(a) of 1972 Act as the 2ndrespondent did not fall within the definition of...the Act has been promulgated to provide subsistence allowance to the employees falling in the definition aforementioned to invoke the remedy of the Controlling Authority in the absence of payment of...merits. The definition of the employee defined under Section 2(a) of the Kerala Payment of Subsistence Allowance Act, 1972 reads as under : "(a) "employee" means...

...the definition of workman.4. We have considered the submissions made by learned counsel for the petitioners and also perused the record.5. So far as question of issuance...question, as to whether employees of the Institutions in question come within the definition of workmen or not, is concerned, in the Act or in the impugned notification there is no reference of the...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...

...Schedule annexed to the Minimum Wages Act, and whether respondent 1 herein would fall within the definition of an...instance, to set out the definition of “employer” as defined in S. 2(e)(iv) of the Minimum Wages Act. Section 2(e)(iv) is in the following terms:“2(e)(iv) in any...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 includes for the...

...was not maintainable, because respondent No.2 was not an employee as defined under Section 2(I) and Section 20 of the Act because the definition of "Employee...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...obvious by necessary intendment. It is not as if an ex-employee has no remedy to recover the amounts to which he would have been entitled under the Act. In the absence of any special definition of wages...

..." 7. Concededly complaint has been filed by the officer of the Central Government who would not be appropriate Government as per the definition extracted above...Authority did not consider the contention of the petitioner that no overtime wages were paid to the workman as overtime work was only optional. Definition of an employee defined under Section 2(i) of...wages have been fixed and would also include an outworker to whom any articles or materials are given when other persons are made up. Petitioner company had been providing the security services to Indian...

...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, adopted or...basis of the expression “who is employed” used in the definition of the word “employee” it has been contended on behalf of the respondent—Company that at the time the application under Section 20(2) of...proceeding, then the definition of the word ‘employee’ should have made specific mention about such ex-employees. Counsel for the respondent-Company has placed reliance on a decision of the Madras High Court...

...from wages and the sub-contract system of organisation required immediate attention. It was desirable to abolish outworker system and to encourage establishment of big industries if protective labour...they do not come in contract. The provisions of Section 2(g)(a) and 2(m) read with Section 2(e) and (f) of the Act are said to create a totally artificial and fictional definition of employer and...discussed the question as to whether employer-employee relationship existed between the tailoring house and the workers in that case. The definition of a person employed in that case was a person wholly...

...domestic enquiry but after finding the second respondent guilty of charges levelled against her. 6. Petitioner is not an establishment as per the definition of.... Definition of an 'employee' under Section 2(a) deals with any person employed in or in connection with the work of any establishment to do skilled, semi-skilled or unskilled manual, supervisory, technical...Administrative Capacity or as an outworker and urges this Court for dismissal of the writ petition. 9. Mr.Shyam Padman, in rebuttal, heavily relied upon order dated...

... 3/15 the definition of workman. For better appreciation, the relevant portion is extracted hereunder...) mentioned in the definition of 'workman' in section 2(s) of the Act. The definition also provides that a workman employed in an industry to do any skilled or unskilled manual...could be called a workman. This definition came for consideration before industrial tribunals and it was consistently held that the designation of the employee was not of great...

...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...been discharged. But persons who have ceased to be employees are not included in the definition of 'employee' in the...have overlooked the definition of workmen in the Industrial Disputes Act of 1947, which had been passed only about a...