appellants that the deceased was working for the Supervisory/Clerical capacity and hence, he was not a workman under section ... behalf of the State that because he was employed in a clerical capacity, he does not fall within the definition of workman under
persons have been employed; or (xxix-c) employed, otherwise than in clerical capacity in installation, maintenance, repair of pumping equipment used for lifting of water ... ponds, lakes, streams, etc.; or (xxix-d) employed, otherwise than in clerical capacity in the construction, boring or deepening of an open well or dugwell
Clause (ii) which provides:
"(ii) employed otherwise than in a clerical capacity in any premises wherein, or within the precints whereon ... must be employed in those premises otherwise than in a clerical capacity. On the facts there can be no doubt that the deceased was employed
process, but does not include any person
solely employed in a clerical capacity in any
room or place where no manufacturing process
is being carried ... words conveying exclu-
sion of persons solely employed in a clerical capacity in a
place where no manufacturing process is carried on suggests
that
provisions of that section, who is employed, otherwise than in a clerical capacity......." The learned counsel for the respondent board submitted that the appellant ... been working in the clerical capacity and, therefore, he is excluded from the category of workmen under the Workmen's Compensation
person who is:
(ii) employed, otherwise than in a clerical capacity, in any premises wherein or within the precincts where a manufacturing process as defined ... should be established that he was employed otherwise than in a clerical capacity in any premises wherein or within the precincts whereof a manufacturing process
question whether a person was employed in a supervisory capacity or clerical capacity
would depend upon the main and principal work/duties carried ... capacity or supervisory capacity.
8.The respondent's specific case in the claim petition was that he was employed
only in a clerical capacity
should not be compelled to do clerical
work but nobody paid any heed to the prayer. Even
clerical work was withdrawn from him on October ... Clerk, he could be asked to discharge duties in clerical
capacity.
So far as the allocation to the State of Jharkhand is
concerned, the Division
also. Initially the second respondent joined the petitioner society in a clerical capacity and thereafter he was promoted as Assistant manager, section
advertising, commission agency, forwarding or commercial agency, or which is a clerical department of a factory or of any industrial or commercial undertaking ... factory, a person slowly or mainly employed in a clerical capacity in such factory; (c) the case of commercial establishment, a person wholly or principally
