Sir kindly let me know whether according to this definition of workman "workman means a person employed in industrial and commercial establishment to do any skilled or unskilled,manual or electrical work for hire or reward" managerial and supervisory staff may fall in the definition of workman? This term has been defined in industrial and commercial employment ordinance 1968 as applicable in government of Punjab (Pakistan).
From Pakistan, Lahore
From Pakistan, Lahore
148
Dear Baig,
Normally, both in legal and common parlance, the term " workman " implies the state of subordination. In statutes, terms are defined with reference to the object and purpose for which they are enacted. If the meaning of a particular term seems either to be limited or very general in a regulatory statute applicable to a certain class of establishments, we have to look for its exact meaning in a corresponding statute governing industrial relations and applicable to the same establishment. If you compare the definitions of the term "workman" in the Industrial and Commercial Establishments Ordinance,1968 and in the Industrial Relations Ordinance, 1969, you will find who a workman is and who are not workmen based on the capacity of employment in the latter ordinance. Therefore, even though employed in a commercial establishment in works involving the jobs of the nature specified in the definition of "workman" in the Ordinance,1968, a person can not be so if he is employed in the managerial or administrative cadre or in supervisory cadre exceeding the salary of Rs.800-00 p.m as defined in cl (a) and (b) of the proviso to Sec.2(xxviii) of the Ordinance,1969.
From India, Salem
Normally, both in legal and common parlance, the term " workman " implies the state of subordination. In statutes, terms are defined with reference to the object and purpose for which they are enacted. If the meaning of a particular term seems either to be limited or very general in a regulatory statute applicable to a certain class of establishments, we have to look for its exact meaning in a corresponding statute governing industrial relations and applicable to the same establishment. If you compare the definitions of the term "workman" in the Industrial and Commercial Establishments Ordinance,1968 and in the Industrial Relations Ordinance, 1969, you will find who a workman is and who are not workmen based on the capacity of employment in the latter ordinance. Therefore, even though employed in a commercial establishment in works involving the jobs of the nature specified in the definition of "workman" in the Ordinance,1968, a person can not be so if he is employed in the managerial or administrative cadre or in supervisory cadre exceeding the salary of Rs.800-00 p.m as defined in cl (a) and (b) of the proviso to Sec.2(xxviii) of the Ordinance,1969.
From India, Salem
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