Categories: Other Courts

Beedi rollers are women and entitled to compensation under Workmen’s Compensation Act

The Telangana High Court in the case Yeddandi Venkataiah v. M/s.Prabhudas Kishoredas Tobacco Products Ltd observed and stated that the Beedi workers are “workmen” under Section 2(n) of Workmen’s Compensation Act. The bench comprising of Justice M. Laxman further observed and stated that rolling of Beedies is a “manufacturing process” and hence a Beedi roller is a workman under the Workmen’s Compensation Act. Facts of the Case: The present Civil Miscellaneous appeal was made, assailing 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 the compensation for death of his daughter Yeddandi Yellavva in the course of employment with the opposite party, while rolling the Beedies, However, that was dismissed. In the impugned order it was showed that the commissioner had framed the preliminary issue of maintainability as follows: “Weather under the purview of Workmen’s Compensation Act, the workwoman employed in Beedi manufacturing process is covered or not. The bench observed that 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 raised before the Court: Within the definition of Section 2(n) of Workmen’s Compensation Act, weather a ‘Beedi Roller’ is a workman? Court Ruling: The court observed the contentions made by 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 under Workmen Compensation Act. The bench of 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. It was held by the court that the rolling of Beedies is nothing but making of any article or substance with a view to usage or sale or transport. Moreover, the activity of the deceased being the Beedi roller and it clearly falls within the definition of a workwoman.

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