EMPLOYEE WORKMAN

 As per the Section 2(e) of the Payment of  The word "workman" has been defined in
gratuity Act, 1972: Section 2(s) of the Industrial Disputes
"employee" means any person (other than Act, 1947 as follows:
an apprentice) employed on wages, in any "workman" means any person (including
establishment, factory, mine, oilfield, an apprentice) employed in any industry to
plantation, port, railway company or shop, do any manual, unskilled, skilled, technical,
to do any skilled, semi-skilled, or unskilled, operational, clerical or supervisory work
manual, supervisory, technical or clerical for hire or reward, whether the terms of
work, whether the terms of such employment be express or implied, and for
employment are express or implied, and the purpose of any proceeding under this
whether or not such person is employed Act in relation to an industrial dispute,
in a managerial or administrative includes any such person who has been
capacity, but does not include any such dismissed, discharged or retrenched in
person who holds a post under the Central connection with, or as a consequence of,
Government or a State Government and is that dispute, or whose dismissal, discharge
governed by any other Act or by any rules or retrenchment has led to that dispute,
providing for payment of gratuity. but does not include any such person –
who is subject to the Air Force Act, 1950
 As per Section 2(f) of The Employees’ (45 of 1950), or the Army Act, 1950 (46 of
Provident Funds And Miscellaneous 1950), or the Navy Act, 1957 (62 of 1957);
Provisions Act, 1952 or (ii) who is employed in the police
“employee” means any person who is service or as an officer or other employee
employed for wages in any kind of work, of a prison; or
manual or otherwise, in or in connection who is employed mainly in a managerial
with the work of an establishment and or administrative capacity; or (iv) who,
who gets his wages directly or indirectly being employed in a supervisory
from the employer, and includes any capacity, draws wages exceeding one
person,- thousand six hundred rupees per
(i) employed by or through a mensem or exercises, either by the
contractor in or in connection nature of the duties attached to the office
with the work of the or by reason of the powers vested in him,
establishment; functions mainly of a managerial nature.
(ii) engaged as an apprentice, not
being an apprentice engaged  As per Section 2(i) of The Contract
under the Apprentices Act, 1961 Labour Regulation and Abolition Act.
 (52 of 1961) or under the 1970
standing orders of the "workman" means, any person employed,
establishment; in or in connection with the work of any
establishment to do any skilled, semi-
 As per Section 2(b) of the Employment skilled or un-skilled manual, supervisory,
Exchanges (Compulsory Notification of technical or clerical work for hire or
Vacancies) Act, 1959: reward, whether the terms of employment
“Employee” means Any person who is be express or implied but does not include
employed in an establishment to do any any such person (A) who is employed
work for remuneration. mainly in a managerial or administrative
capacity; or
 As per Clause 2(e) of the Employees (B) who, being employed in a supervisory
Provident Fund Scheme, 1952 capacity draws wages exceeding five
"Employee" means a person appointed to hundred rupees per mensem or exercises,
or borne on the cadre of the staff of the either by the nature of the duties attached
Corporation, other than persons on to the office or by reason of the powers
deputation. vested in him, functions mainly of a
managerial nature; or
 As per Section 2(9) of the Employees' (C) who is an out-worker, that is to say, a
State Insurance Act, 1948 person to whom any articles and materials
"employee" means any person employed are given out by or on behalf of the
for wages in or in connection with the principal employer to be made up, cleaned,
work of a factory or establishment to washed, altered, ornamented, finished,
which this Act applies and - repaired, adapted or otherwise processed
who is directly employed by the principal for sale for the purposes of the trade or
employer on any work of, or incidental or business of the principal employer and the
preliminary to or connected with the process is to be carried out either in the
work of, the factory or establishment, home of the out-worker or in some other
whether such work is done by the premises, not being premises under the
employee in the factory or establishment control and management of the principal
or elsewhere; or employer.
who is employed by or through an
immediate employer on the premises of  As per Section 2(j) of the Inter-State
the factory or establishment or under the Migrant Workmen (Regulation of
supervision of the principal employer or Employment and Conditions of Service)
his agent on work which is ordinarily part Act, 1979.
of the work of the factory or "workman" means any person employed in
establishment or which is preliminary to or in connection with the work of any
the work carried on in or incidental to the establishment to do any skilled, semi-
purpose of the factory or establishment; skilled or unskilled, manual, supervisory,
or technical or clerical work for hire or
whose services are temporarily lent or let reward, whether the terms of employment
on hire to the principal employer by the be express or implied, but does not include
person with whom the person whose any such person-(i) who is employed
services are so lent or let on hire has mainly in a managerial or administration
entered into a contract of service; and capacity; or (ii) who, being employed in a
includes any person employed for wages supervisory capacity, draws wages
on any work connected with the exceeding five hundred rupees per
administration of the factory or mensem, or exercises, either by the nature
establishment or any part, department or of the duties attached to the office or by
branch thereof or with the purchase of reason of the powers vested in him,
raw materials for, or the distribution or functions mainly of a managerial nature.
sale of the products of, the factory or
establishment or any person engaged as
an apprentice, not being an apprentice
engaged under the Apprentices Act, 1961
(52 of 1961), or under the standing
orders of the establishment; but does not
include - (a) any member of the Indian
naval, military or air forces; or
(b) any person so employed whose wages
(excluding remuneration for overtime
work) exceed such wages as may be
prescribed by the Central Government :
Provided that an employee whose wages
(excluding) remuneration for overtime
work) exceed such wages as may be
prescribed by the Central Government at
any time after (and not before) the
beginning of the contribution period,
shall continue to be an employee until the
end of that period;
 As per Section 2(i) of the Minimum
Wages Act, 1948
"employee" means any person who is
employed for hire or reward to do any
work, skilled or unskilled, manual or
clerical, in a scheduled employment in
respect of which minimum rates of wages
have been fixed; and includes an out-
worker to whom any articles or materials
are given out by another person to be
made up, cleaned, washed, altered,
ornamented, finished, repaired, adapted
or otherwise processed for sale for the
purposes of the trade or business of that
other person where the process is to be
carried out either in the home of the out-
worker or in some other premises not
being premises under the control and
management of that other person; and
also includes an employee declared to be
an employee by the appropriate
Government; but does not include any
member of the Armed Forces of the
2*[Union].

 As per Section 2(13) of the Payment of