All India Bar Examination (AIBE) 3-III Previous Year Question Papers with Answers

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93.

A is an accountant at a law college and draws a salary. A is also on the board of governors of the college as a representative of non- teaching staff, and votes on any administrative decisions that come up before the board of governors. Which of the following statements most accurately applies the principles below ?


Principle :

'Workman' means any person (including an apprentice) employed in any industry to do any manual, clerical, or supervisory work for hire or reward.

A: A is a workman as he clearly does work of a supervisory nature as a member of the board of governors.
B: A is a workman as his primary duties as an accountant are clerical in nature and he works for hire.
C: A is not a workman as he is a salaried employee and does not work for hire or reward.
D: A is not a workman as he is a member of the board of governors and the nature of his work is managerial.
E: A is a workman as his work as an accountant is clerical and his work as a member of the board of governors is supervisory.

The answer is: B

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Explanation

The correct option is B: A is a workman as his primary duties as an accountant are clerical in nature and he works for hire.

Explanation:

According to the principle, 'workman' means any person (including an apprentice) employed in any industry to do any manual, clerical, or supervisory work for hire or reward.

In this case, A is an accountant at a law college and draws a salary. This means that A is employed in an industry (education) to do clerical work (accounting) for hire (salary). Therefore, A satisfies the definition of a workman under the principle.

The other options are incorrect because they either ignore or contradict the principle. A is not a workman as he clearly does work of a supervisory nature as a member of the board of governors is wrong, as the supervisory work is not his primary duty and does not affect his status as a workman. A is not a workman as he is a salaried employee and does not work for hire or reward is wrong, as salary is a form of hire or reward. A is not a workman as he is a member of the board of governors and the nature of his work is managerial is wrong, as the managerial work is not his primary duty and does not affect his status as a workman. A is a workman as his work as an accountant is clerical and his work as a member of the board of governors is supervisory is wrong, as the supervisory work is not his primary duty and does not affect his status as a workman.