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casual employee

(Querist) 15 July 2011 This query is : Resolved 
Sir my question is whether casual employee comes with in definition of 'employee' under employee compensation act 1923 .also give some case law on it.
Raj Kumar Makkad (Expert) 15 July 2011
No. Casual employee do no come within the definition of 'Employee' as asked for.
Guest (Expert) 15 July 2011
Dear Anshul,

For exhaustive list of employees, as covered under the Employee's Compensation Act 1923, you nay have to go through Schedule 2 of the Act.
V.Harikrishnan (Expert) 15 July 2011
Casual employees come within the purview of the Employees Compensation Act.
HARIKRISHNAN
RK Agrawal (Expert) 16 July 2011
dear anshul,
as per employees compensation act 1923 sec 2 para e the defination of employees is
(e) "employer" includes any body of persons whether incorporated or not and any managing agent of an employer and the legal representative of a deceased employer, and, when the services of a workman are temporarily lent or let on hire to another person by the person with whom the workman has entered into a contract of service or apprenticeship, means such other person while the workman is working for him ;
means casual employees also comes under this act.
Kirti Kar Tripathi (Expert) 16 July 2011
Yes, they comes with the scope of Act. Prior to the Workman's Compensation Amendment Act 2000, the casual workman were outside the preview of the definition of Workman as defined in the Act, After amendment of 2000, the casual workmen were included in this definition. This definition was changed by way of Compensation (Amendment) Act 2009 and in its place definition of Workman was replaced by definition of Employees, The casual employee comes within this definition.
Jai Karan Nagwan (Expert) 07 November 2011
irrespective of the status employees are governed under the WCA/ECA.


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