M/S. SUNIL INDUSTRIES versus RAM CHANDER PRADHAN AND ANR.

M/S. SUNIL INDUSTRIES versus RAM CHANDER PRADHAN AND ANR.

It is not necessary for a workman to be working in a factory as defined in the Factories Act, 1948 for the Workmen's Compensation Act, 1923 to apply; persons employed otherwise than in clerical capacity in premises with a manufacturing process as defined in Section 2(k) of the Factories Act, 1948 are workmen under the Workmen's Compensation Act.

Parties
Appellant: M/S. SUNIL INDUSTRIES; 1st Respondent: RAM CHANDER PRADHAN; 2nd Respondent: AND ANR.
Jurisdiction
India
Judgment Date
14 November 2000
Procedural Posture
Civil Appeal / Appeal Against Order Dismissing First Appeal in Limine by High Court
Outcome
Appeal dismissed
Legal Topics
Workmen's Compensation Act Applicability, Definition of Workman, Relationship to Factories Act

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Parties

M/S. SUNIL INDUSTRIES

Appellant

RAM CHANDER PRADHAN

1st Respondent

AND ANR.

2nd Respondent

Procedural Posture

Civil Appeal / Appeal Against Order Dismissing First Appeal in Limine by High Court

  1. 1 Whether a workman must be employed in a factory as defined in the Factories Act, 1948 to claim compensation under the Workmen's Compensation Act, 1923

Ratio Decidendi

It is not necessary for a workman to be working in a factory as defined in the Factories Act, 1948 for the Workmen's Compensation Act, 1923 to apply; persons employed otherwise than in clerical capacity in premises with a manufacturing process as defined in Section 2(k) of the Factories Act, 1948 are workmen under the Workmen's Compensation Act.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • No order as to costs