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Report No. 62

2.34. Recommendation.-

In the light of the points discussed above, the following re-draft of the definition is recommended:

Re-draft of definition of "workman "1-"workman" means any person employed in any such capacity as is specified in Schedule II.

First Exception.-A person whose employment is of a casual nature is not a workman if he is employed otherwise than for the purposes of this employer's trade or business.

Second Exception.-A person working in the capacity of a member of the Armed Forces of the Union is not a workman.

Explanation I.-It is immaterial whether the contract of employment was made before or after the passing of this Act and whether such contract is expressed or implied, oral or in writing.

Explanation II.-Any reference to a workman who has been injured shall, where the workman is dead, include a reference to his dependants or any of them." [Item to be added to the Second Schedule]

We also recommend that the Second Schedule should be amended to add 'railway servant' as below:-

"33. employed as a railway servant as defined in section 3 of the Indian Railways Act, 1890:-

Provided that a railway servant ordinarily discharging duties in any administrative, railwayshall not be workman by virtue of this item."

1. If this re-draft is adopted, the Second Schedule should also be amended to add "railway servant".

Workmens Compensation Act, 1923 Back

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