Section 2 in The Orissa Labour Welfare Fund Act, 1996
2. Definitions.
- In this Act, unless the context otherwise requires,-(a)"Board" means the Orissa Labour Welfare Board established under Section 4;(b)"Employee" means-(i)any person who is employed for hire or reward to do any work, skilled or unskilled, manual, supervisory,clerical or technical, in an establishment for a period of thirty days during the period of twelve months, whether the terms of employment be expressed or implied, but does not include any person-(a)who is employed mainly in a managerial capacity; or(b)who, being employed in a supervisory capacity, exercises either by the nature of the duties attached to the office or by reason of the powers vested in him functions mainly of managerial nature; or(c)who is employed as an apprentice or on part-time basis.Explanation. - An apprentice means a person who according to the Certified Standing Orders applicable to the establishment is an apprentice or who is declared to be an apprentice by the authority specified in this behalf by the Government; and(ii)any other person employed in any establishment whom the Government may by notification, declare to be an employee for the purposes of this Act;(c)"employer" means any person who employs either directly or through another person either on behalf of himself or any other person, one or more employees in an establishment and includes-(i)in a factory, any person named under clause (f) of Sub-section (1) of Section 7 of the Factories Act, 1948 as the manager;(ii)in any establishment, any person responsible to the owner for the supervision and control of the employees or for the payment of wages;(d)"establishment" means-(i)a factory as defined in clause (m) of Section 2 of the Factories Act, 1948;(ii)a motor transport undertaking as defined in clause (g) of Section 2 of the Motor Transport Workers Act, 1961;(iii)any other establishment as defined in clause (8) of Section 2 of the Orissa Shops and Commercial Establishment Act, 1956 and includes a society registered under any law in force in the State relating to registration of Societies, and a charitable or other trust, whether registered or not, which carries on any business or trade or any work in connection with or ancillary thereto and which employs, or on any working day during the preceding twelve months employed, twenty or more persons, but does not include an establishment, not being a factory, belonging to or under the control of the Central or any State Government;(e)"Fund" means the Orissa Labour Welfare Fund constituted under Section 3;(f)"Government" means the Government of Orissa;(g)"Inspector" means an inspector appointed under Section 18;(h)"prescribed" means prescribed by rules;(i)"rule" means the rules made under this Act;(j)"unpaid accumulations" means all payments due to an employee but not paid to him within a period of five years from the date on which they became due, whether before or after, the commencement of this Act, including the wages and gratuity legally payable, but not including the amount of contribution, if any, paid by an employer to a provident fund established under the Employees Provident Funds and Miscellaneous Provisions Act, 1952 and the contribution payable under the Employees' State Insurance Act, 1948;(k)"Wages" means all remuneration capable of being expressed in terms of money which would, if the terms of the contract 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 bonus payable under the Payment of Bonus Act, 1965 but does not include-(i)the value of any house accommodation, supply of light, water, medical attendance, or any other amenity or any service excluded from the computation of wages by general or special order of the Government;(ii)any contribution paid by the employer to any pension fund or provident fund or under any scheme of social insurance;(iii)any travelling allowance or the value of any travelling concession;(iv)any sum paid to the employee to defray special expenses entailed on him by the nature of his employment; or(v)any gratuity payable on termination of employment;(l)"Welfare Commissioner" means the Welfare Commissioner appointed under Section 17.
