Section 2 in The Kerala Headload Workers Act, 1978
2. Definitions.-
In this Act, unless the context otherwise requires,-(a)"adolescent" means a person who has completed his fifteenth year of age but has not completed his eighteenth year of age;(b)"adult" means a person who has completed his eighteenth year of age;(c)"appellate authority," in relation to any area, means the appellate authority appointed under section 4 for that area;(d)"Board" means a Board constituted under section 14;(e)"committee" means a committee appointed under section 18;(f)"Conciliation Officer", in relation to any area, means the conciliation Officer appointed under section 3 for that area;(g)"contractor", in relation to an establishment, means a person who undertakes to execute any work for such establishment by engaging headload workers on hire or otherwise, or who supplies headload workers as individuals for the purpose of engaging them in such establishment and includes a sub-contractor, a broker, a clearing and forwarding agent, commission agent, mercantile agent, consignment agent or the owner of a vehicle laden with goods;(h)"dispute" means any dispute or difference between employers and employers or between employers and headload workers or between headload workers and headload workers, which is connected with the employment or non-employment or the terms of employment or the conditions of employment, of any headload workers.Explanation-Where any employer discharges, dismisses, retrenches or otherwise terminates the services of, or denies employment to, an individual headload worker, any dispute or difference between that headload worker and his employer connected with, or arising out of, such discharges, dismissal, retrenchment, termination or denial of employment shall be deemed to be a dispute notwithstanding that no other headload worker or any union of headload workers is a party to the dispute;(i)"employer" means,-(i)in relation to a headload worker employed or engaged by or through a contractor, the principal employer;(ii)in relation to a headload worker who is not employed or engaged by any employer or contractor, the committee constituted under section 18; andExplanation.-For the purpose of this sub-clause, a "headload worker" means a person who is registered under the Scheme and paid wages by the Committee either through employer or contractor(iii)in relation to any other headload worker, the person who has ultimate control over the affairs of the establishment in or for which the headload worker is employed and includes any other person to whom the affairs of such establishment are entrusted, whether such person is called an agent manager or by any other name prevailing in such establishment;(j)"establishment" means an establishment specified in the Schedule and includes the precincts thereof;(k)"family" means husband, wife, dependent parents, minor children and unmarried or widowed daughters;(l)"fund" means a fund constituted under a scheme;(m)"headload worker" means a person employed or engaged directly or through a contractor in or for an establishment, whether for wages or not, for loading or unloading or carrying on head or person or in a trolly any article or articles in or from or to a vehicle or any place in such establishment or stacking articles, excluding delicate or sophisticated articles, in a vehicle 01 unloading by sliding using manual labour from a mechanically propelled vehicle or a person who does in connection with the work in ports, the works like filling of fertilizers in sacks, weighing and stitching of sacks, bundling, breaking seals of containers, stacking and includes any person not employed by any employer or contractor but engaged in the loading or unloading or carrying on head or person or in a trolly any article or articles for wages in or from or to a vehicle, or any place in such establishment or stacking articles excluding delicate or sophisticated articles in a vehicle or unloading by sliding using manual labour from a mechanically propelled vehicle but does not include a person engaged by an individual for domestic purposes.Explanation I:-For the purpose of this clause, "a person engaged by an individual for domestic purposes" means any person engaged by an individual for,-(i)shifting including transportation of furniture, personal effects and other household articles for domestic use; or(ii)working in connection with the shifting of articles of a dwelling house of a person including work in connection with religious or social or public functions: or(iii)cutting, removing shifting and transportation of trees and wood for personal use; or(iv)constructing or repairing and maintenance of house including the shifting and transportation of construction materials, equipments or machinery for personal use and not for the purpose of trade; or(v)dismantling, demolishing and shifting of old building materials or equipments including their transportation which is not for industrial or commercial purpose; or(vi)shifting and transportation of animals for personal use; or(vii)shifting and transportation of materials including agricultural implements, agricultural machinery, rawmaterials, agricultural produces, other materials related to agricultural operations in such person's land; or(viii)doing such other work or activity or process which the Government may, by notification in the Gazette, specify to be a domestic purpose.Explanation II:-For the purpose of this clause, "delicate or sophisticated articles" mean articles which require to be handled by trained or skilled persons;(n)"Inspector" means an Inspector appointed under section 5;(o)"minor" means a person who has not completed his fifteen year or age;(p)"principal employer" means an employer who engages a head load worker by or though a contractor in any establishment;(q)"prescribed" means prescribed by rules made under this Act;(r)"Scheme" means a scheme made under this Act;(s)"Wages" means all remuneration, whether payable in cash or in kind, which would, it the terms of employment, express or implied, were fulfilled, be payable to a headload worker employed in an establishment or for work done in such establishment, but does not include-(i)the value of--(A)any house accommodation, supply of light, water or medical attendance or;(B)any other amenity or service excluded by general or special order of the Government; or(ii)any contribution paid by the employer to any pension fund or any scheme of social insurance and the interest which may have accrued thereon; or(iii)any travelling allowance or value of any travelling concession; or(iv)any sum paid to a headload worker to defray special expenses entailed on him by the nature of his employment;(v)any gratuity payable on discharge;(vi)any bonus.
