Report No. 62
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".