Beedi Rollers Are Workmen & Entitled To Compensation Under Workmen's Compensation Act: Telangana High Court
The Telangana High Court has held that Beedi workers are "workmen" under Section 2(n) of Workmen's Compensation Act. Justice M. Laxman further held that rolling of Beedies is a "manufacturing process" and hence a Beedi roller is a workman under the Act. Brief facts of the Case The present Civil Miscellaneous Appeal assailed the order on the file of Commissioner for...
The Telangana High Court has held that Beedi workers are "workmen" under Section 2(n) of Workmen's Compensation Act. Justice M. Laxman further held that rolling of Beedies is a "manufacturing process" and hence a Beedi roller is a workman under the Act.
Brief facts of the Case
The present Civil Miscellaneous Appeal assailed the order on the file of Commissioner for Workmen's Compensation and Assistant Commissioner of Labour, Karimnagar whereby the claim made by the appellant for compensation for death of his daughter Yeddandi Yellavva in the course of employment with the opposite party, while rolling the Beedies, was dismissed.
The impugned order showed that the Commissioner had framed the preliminary issue of maintainability as follows:
"Whether the workwoman employed in Beedi manufacturing process is covered under the purview of Workmen's Compensation Act or not."
The Commissioner held that the occupation of the deceased did not come under the purview of Workman under Section 2(n) of Workmen's Compensation Act and consequently the claim petition was dismissed.
Issue
Whether a 'Beedi Roller' is a workman within the definition of Section 2(n) of Workmen's Compensation Act?
Ruling of the Court
The contention of the counsel for the opposite party was that the orders passed by the Commissioner required no inference since there was no manufacturing process so as to construe the deceased as a workwoman.
Justice M. Laxman referred to Section 2(n)(ii) and Clause 2 of Schedule II of Workmen's Compensation Act as well as Section 2(k) of Factories Act to determine the issue of law.
The court held:
A glance at the definition of Clause 2(n) of the Workmen's Compensation Act shows that any person employed in any such capacity as is specified in Schedule-II, comes under the definition of Workman. Clause 2 of Schedule-II clearly shows that any person employed otherwise than in clerical capacity in any premises or within the precincts where the manufacturing process as defined under the Clause-k of Section 2 of Factories Act is coming under the definition of workman. The definition of 2(k) also makes it clear that the process of making any article or substance with a view to usage, sale, transport, delivery or disposal is constituted as manufacturing process.
On the basis of the aforementioned reading of the provisions, the court held that the rolling of Beedies is nothing but making of any article or substance with a view to usage or sale or transport. Therefore, the activity of the deceased being the Beedi roller, clearly falls within the definition of a workwoman.
The appeal was allowed and the matter was remanded to the Commissioner for disposal of claim on merits.
Case Title: Yeddandi Venkataiah v. M/s.Prabhudas Kishoredas Tobacco Products Ltd.
Citation:2022 LiveLaw (Tel) 55