WORKER

Factories Act, 1948:-

2(l) “worker” means a person employed, directly or by or through any agency (including a
contractor) with or without the knowledge of the principal employer, whether for
remuneration or not, in any manufacturing process, or in cleaning any part of the machinery
or premises used for a manufacturing process, or in any other kind of work incidental to, or
connected with, the manufacturing process, or the subject of the manufacturing process, but
does not include any member of the armed forces of the Union;
 There must be some connection b/w person and manufacturing process.
 Not confined to a Permanent or Regular Employment. An intermittent or causal
employment is also well covered.
 The source through which a person has been employed is not material rather the
nature of work carried on by him is the determining factor.
 Payment of remuneration is irrelevant for this definition.
 Persons selling manufactured article are not covered.
 All employees are not workers but, all workers are employees.

COSHWC 2020:-
Section 2(zzl) “worker” means any person (except an apprentice as defined under clause
(aa) of section 2 of the Apprentices Act, 1961) employed in any industry to do any manual,
unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward,
whether the terms of employment be express or implied, and includes working journalists and
sales promotion employees for the purposes of any proceeding under this Code in relation to
an industrial dispute, includes any such person who has been dismissed, discharged or
retrenched or otherwise terminated in connection with, or as a consequence of, that dispute,
or whose dismissal, discharge or retrenchment has led to that dispute, but does not include
any such person––
(i) who is subject to the Air Force Act, 1950, or the Army Act, 1950, or the Navy Act, 1957;
or
(ii) who is employed in the police service or as an officer or other employee of a prison; or
(iii) who is employed mainly in a managerial or administrative capacity; or
(iv) who is employed in a supervisory capacity drawing wage of exceeding fifteen thousand
rupees per month or an amount as may be notified by the Central Government from time to
time.
Explanation.- For the purposes of this clause, the expression “industrial dispute” shall have
the same meaning as assigned to it in clause (k) of section 2 of the Industrial Disputes Act
1947;

Case Laws:-
1. State of U.P. v. M.P. Singh 1960 AIR SC 569
The act is intended to secure health, safety, welfare and good working conditions for
the workers working within the factory premises. Benefit of this act does not extend
to field workers working outside the factory. Persons were employed to supervise and
control the growth and supply of sugarcane in field.

2. State of Kerala v. V.M. Patel (1961) 1 LLJ 53

Works Supervisor is like an Independent Contractor, because he is the sole judge of
the number of persons required to be employed, their hours of work, their
remuneration and the manner in which they are to execute the work. Such persons are
not workers under the Factories Act, 1948.

3. Dharangdhara Chemical Wroks Ltd. Vs. State of Saurashtra

(There must be relationship of employer and employee otherwise cannot be treated as
workman. Difference between independent contractor and worker.)

4. Shankar Balaji Waje v. State of Maharashtra AIR 1961 SC 517

(A person was working without any kind of agreement. He was free to come and
leave. He was paid on piece rate basis and No requirement for minimum production
also. For employment employee must agree to serve the employer subject to his
control and supervision)

5. Rohtas Industries v. Ramlakhan Singh AIR 1978 SC 849

(Person engaged to supervise and check the quality and weighment of waste paper
and rags which are the basic raw material for the manufacture of paper. He used to
work in precincts of Factory)

6. K.M.P. KodarMoideen Vs. State

 (Filling cotton in packs and loading them)

 Who are Workmen –

Time Keepers (Clerical-Official Staff) Lorry Drivers

 Who are not Workmen –

Watchman Partners

 Stoppage of Work
Section 103