Section 2 — Definitions.

2. Definitions.—(1) In this Act, unless the context otherwise requires,— 

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[(a) “appropriate Government” means,— 

(i) in relation to an establishment in respect of which the appropriate Government under the 

Industrial Disputes Act, 1947 (14 of 1947), is the Central Government, the Central Government; 

(ii) in relation to any other establishment, the Government of the State in which that other 

establishment is situate;] 

(b) a workman shall be deemed to be employed as “contract labour” in or in connection with the 

work of an establishment when he is hired in or in connection with such work by or through a 

contractor, with or without the knowledge of the principal employer; 

(c) “contractor”, in relation to an establishment, means a person who undertakes to produce a 

given result for the establishment, other than a mere supply of goods of articles of manufacture to 

such establishment, through contract labour or who supplies contract labour for any work of the 

establishment and includes a sub-contractor; 

(d) “controlled industry” means any industry the control of which by the Union has been declared 

by any Central Act to be expedient in the public interest; 

(e) “establishment” means— 

(i) any office or department of the Government or a local authority, or 

(ii) any place where any industry, trade, business, manufacture or occupation is carried on; 

(f) “prescribed” means prescribed by rules made under this Act; 

(g) “principal employer” means— 

(i) in relation to any office or department of the Government or a local authority, the head of 

that office or department or such other officer as the Government or the local authority, as the 

case may be, may specify in this behalf, 

(ii) in a factory, the owner or occupier of the factory and where a person has been named as 

the manager of the factory under the Factories Act, 1948 (63 of 1948), the person so named, 

(iii) in a mine, the owner or agent of the mine and where a person has been named as the 

manager of the mine, the person so named, 

(iv) in any other establishment, any person responsible for the supervision and control of the 

establishment. 

Explanation.—For the purpose of sub-clause (iii) of this clause, the expressions “mine”, “owner” and 

“agent” shall have the meanings respectively assigned to them in clause (j), clause (l) and clause (c) of 

sub-section (1) of section 2 of the Mines Act, 1952 (35 of 1952); 

                                                           

2. Subs. by Act 14 of 1986, s. 2, for clause (a) (w.e.f. 28-1-1986). 



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(h) “wages” shall have the meaning assigned to it in clause (vi) of section 2 of the Payment of 

Wages Act, 1936 (4 of 1936); 

(i) “workman” means any person employed in or in connection with the work of any 

establishment to do any skilled, semi-skilled or un-skilled manual, supervisory, technical or clerical 

work for hire or reward, whether the terms of employment be express or implied, but does not include 

any such person— 

(A) who is employed mainly in a managerial or administrative capacity; or 

(B) who, being employed in a superviory capacity draws wages exceeding five hundred 

rupees per mensem or exercises, either by the nature of the duties attached to the office or by 

reason of the powers vested in him, functions mainly of a managerial nature; or 

(C) who is an out-worker, that is to say, a person to whom any articles or materials are given 

out by or on behalf of the principal employer to be made up, cleaned, washed, altered, 

ornamented, finished, repaired, adapted or otherwise processed for sale for the purposes of the 

trade or business of the principal employer and the process is to be carried out either in the home 

of the out-worker or in some other premises, not being premises under the control and 

management of the principal employer. 

(2) Any reference in this Act to a law which is not in force in the State of Jammu and Kashmir* shall, 

in relation to that State, be construed as a reference to the corresponding law, if any, in force in that State. 

CHAPTER II 

THE ADVISORY BOARDS