SHRI BIRDHICHAND SHARMA versus FIRST CIVIL JUDGE NAGPUR AND OTHERS

SHRI BIRDHICHAND SHARMA versus FIRST CIVIL JUDGE NAGPUR AND OTHERS

Respondents 2 to 4, working in the factory under managerial supervision, subject to attendance, factory hours, management control by rejection of substandard work, and removal for absenteeism, are workers under s. 2(1) of the Factories Act. Piece-rate payment does not exclude them from this status. They are entitled to leave under s. 79 of the Act upon meeting minimum days worked.

Parties
Appellant: Shri Birdhichand Sharma; Respondents: First Civil Judge Nagpur and Others; Respondents: Respondents Nos. 2-4; Intervener: Intervener (State of Bombay)
Jurisdiction
India
Judgment Date
09 December 1960
Procedural Posture
Civil Appeal / Appeal by Special Leave
Outcome
Appeal dismissed
Legal Topics
Definition of Workman, Leave Under Factories Act, Piece Rate Employment, Supervision and Control in Employment
Industrial Law Definition of Workman Leave Under Factories Act Piece Rate Employment Supervision and Control in Employment

Case Brief

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Parties

Shri Birdhichand Sharma

Appellant

First Civil Judge Nagpur and Others

Respondents

Respondents Nos. 2-4

Respondents

Intervener (State of Bombay)

Intervener

Procedural Posture

Civil Appeal / Appeal by Special Leave

Legal Issues

  1. 1 Whether respondents were workers within the meaning of s. 2(1) of the Factories Act, 1948
  2. 2 Whether leave under s. 79 of the Factories Act applies to piece-rate workers

Ratio Decidendi

Respondents 2 to 4, working in the factory under managerial supervision, subject to attendance, factory hours, management control by rejection of substandard work, and removal for absenteeism, are workers under s. 2(1) of the Factories Act. Piece-rate payment does not exclude them from this status. They are entitled to leave under s. 79 of the Act upon meeting minimum days worked.

Court Disposition

Appeal dismissed

Orders

  • Respondents entitled to proportionate leave under s. 79 Factories Act if minimum days worked are met.
  • Appeal dismissed with costs; one set of hearing costs.