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1 - 8 of 8 (0.22 seconds)The Industrial Disputes Act, 1947
Dharangadhara Chemical Works Ltd vs State Of Saurashtra on 23 November, 1956
In this regard my attention was drawn to a decision reported in AIR 1957 SC 264 (Dharangadhra Chemical Works Ltd. v. State of Saurashtra and Ors.). That was a case under Section 2(s) of the Industrial Disputes Act, 1947, where the Court distinguished the expressions "a contract for services" and "a contract of services". The said decision will be of no help to the appellant in the facts of the present case.
Section 2 in The Employee's Compensation Act, 1923 [Entire Act]
K. Saraswathi vs S. Narayanaswami And Ors. on 24 June, 1983
15. A Division Bench of Kerala High Court in 2001 (3) TAC 280 (Ker.), Secretary, Trivandrum Port and Headload Workers, Co-operative Society Ltd. v. Dhanesh Kumar alias Thampi and Anr. considered a similar question and relying on a decision of the Madras High Court in the case of K. K. Saraswathi v. Narayanaswami. reported in 1985 A.C.J. 38 : 1958(1] T.A.C. 233, held that a person employed only for 2 or 3 days as a substitute driver for a lorry would be a workman under Section 2(1)(n) of the Act.
Section 3 in Indian Railways Act, 1890. [Entire Act]
Section 30 in The Employee's Compensation Act, 1923 [Entire Act]
Rebati Gantayat vs Haguru Sethi And Ors. on 6 January, 1986
In this regard my attention was drawn to the decision reported in 61 (1986) C.L.T. 137 (Rebati Gantayat v. Haguru Sethi (and after him) Haramoni and Ors., wherein this Court held that there must be relationship of an employer and employee before a person can be said to be a workman vis-a-vis his employer. Once such relationship is established it has to be further analysed to find if the employment of the employee is of a casual nature and if he was employed for the purpose of employer's trade or business. He must be employed in such capacity as is mentioned in any of the items included in Schedule II. The driver is already included in the Schedule II. So this aspect does not require consideration.
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