Beedi Roller Is A Workman Within The Definition Of Workmen's Compensation Act: Telangana High Court

The Telangana High Court has held that a 'Beedi Roller' is a workman within the definition of Section 2(n) of the Workmen's Compensation Act.

The Bench of Justice M. Laxman was adjudicating upon the question- whether a 'Beedi Roller' is a workman within the definition of Section 2(n) of the Workmen's Compensation Act.

In this case, a claim for compensation under the Workmen's Compensation Act was made by the appellant for compensation for the death of Yeddandi Yellavva, who was the daughter of the appellant, in the course of employment with the opposite party, while rolling the Beedies.

However, this claim was dismissed by the Commissioner for Workmen's Compensation.

The Commissioner had held that the occupation of the deceased did not come under the purview of Workman as defined under Section 2(n) of the Workmen's Compensation Act.

The Court noted that the definition of Clause 2(n) of the Workmen's Compensation Act showed that any person employed in any such capacity as is specified in Schedule-II, comes under the definition of Workman.

The Court further observed that Clause 2 of Schedule-II clearly showed 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 the workman.

The Court also noted that the definition of 2(k) also made it clear that the process of making any article or substance with a view to usage, sale, transport, delivery or disposal constituted a manufacturing process.

"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 Court held.

Accordingly, the appeal was allowed and the impugned order was set aside.

The Court remanded the matter back to the Commissioner for Workmen's Compensation for disposal of claim on merits and directed that the said exercise shall be done within a period of two months.

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