NATUTHODI KUNHI MOIDIN Vs. PRCHAMU NAIR

JUDGEMENT

(1.) I agree with Phillips, J., that the contract was one, not merely to supply labour, but to get work performed by workmen or labourers, and, to that extent comes within the scope of Act 13 of 1859. But it is further necessary, vide Section (1) that any person against whom the Act is sought to be enforced should be himself "an artificer, workman or labourer": and this is a point, on which not only is there no finding by the Magistrate but which has apparently escaped his attention altogether.

(2.) This status of the accused person is an integral part of the case which the complainant has to establish; and if there is no evidence, the Magistrate s order cannot stand, no matter whether the accused did, or did not raise the point before him.

(3.) With all respect, I cannot agree with my learned brother Phillips, J. in holding (as I think he does) that the evidence on record is sufficient to establish that the present petitioner (accused) is a workman within the meaning of the Act. The secondary definition of "workman" quoted by him from the Century Dictionary "one who works in any department of physical or mental labour" cannot in my opinion be applied here. It is broad enough to include any one but an absolute idler, and would cover many classes who Have been specifically held not to come under the Act: e.g., horsekeepers, cooks, temple servants and cartmen vide Criminal Revision Cases Nos. 159 of 1883, 2 of 1890, 412 of 1902 and 1427 of 1877 all reported in I. Weir, Crl. R., pages 688-690. In a recent case Miller, J. held that a musician in a band was not a workman. Vide Re Rosario Quadros (1913) I.L.R. 38 Mad. 551. Of course all these are very different from plantation coolies: but the cases are good authority for holding that the word " workman" cannot be understood in this sense. The position of the word "workman" sandwiched in between "artificer" and "labourer" is most significant : and I am inclined to agree with petitioner s vakil that the words were purposely used in the order in which they appear in order to indicate a descending sale from skilled to unskilled labour. A perusal of the preamble of the Act, which was passed primarily in the interests of manufacturers, tradesmen and others in the Presidency Towns goes to strengthen this impression. I think the word "workman" must be understood as connoting manual labour of some kind, whether skilled or unskilled.