definition. In other words, the second
category of persons included in the definition would fall in the
ambit of the definition, only for the purpose ... because
subsequently the workman ceases to be workman.
13. For an employee in an industry to be a workman under this
definition, it is manifest
paid on piece-rate basis are covered within
the definition of „workman‟ under the Act.
10. It is submitted that the learned Tribunal failed ... GAURAV SHARMA
Signing Date:04.04.2024
19:15:43
the definition of workman as enshrined U/s 2(s) I.D. Act
coupled with attending provisions
contractual
workers and as such they are not covered under the definition
of workmen provided under section 2(S) of the ID Act. This
argument ... provision nowhere keeps out the contractual
workers from out of the definition of workman. Hence it is held
that the objections taken
last tenure and as such he was not covered under the
definition of workman as stipulated under Section ... submitted that the petitioner falls under the definition of a
„workman‟ as provided under Section 2(s) of the ID Act, and the learned
Court
issue of workman be decided against the
workman Satyapal Singh and in favour of Ashok Kumar
Sharma on following grounds:
(i) Definition of workman ... denied the claimants to be
workmen. Accordingly, the workmen have to prove that they are
covered within the definition of Section
calling,
service, employment, handicraft, or industrial occupation or
avocation of workmen.."
26. The definition of the said term as provided in the aforesaid provision ... whole undertaking will be „industry‟ although those who
are not „workmen‟ by definition may not benefit by the status.
(b) Notwithstanding the previous clauses, sovereign
definition of the workman also
includes workmen collectively, and a reference regarding termination of
services of workmen, similarly employed, under the garb of transfer ... union cannot represent the
workmen before this Court. Further, the definition of workman as per
Section 2(s) of the Act does not encompass workmen
respondent cannot be categorized to fall within the
ambit of the definition of workman as provided under Section 2(s) of the ID
Act. Moreover ... come into play, in
the event the respondent falls within the definition of workman as per
Section
Management No.1 stands established and the claimant falls
within the definition of workman as provided under Section 2(S)
of the Act. In this ... within the meaning of Section 2(s) of the Act. The definition of
workman also does not make any distinction between full time
and part
calling,
service, employment, handicraft, or industrial occupation or
avocation of workmen.."
27. The definition of the said term as provided in the aforesaid provision ... whole
undertaking will be „industry‟ although those who are not
„workmen‟ by definition may not benefit by the status.
(b) Notwithstanding the previous clauses, sovereign
