Mr. Karthiyayani And Ors. vs Union Of India (Uoi) And Ors. on 3 August, 1983
If one finds a man employed because he has the artistic faculties which will enable him to produce something wanted in the shape of a creation of his own, then obviously although it involves a good deal of manual labour, he is employed in order that the employer may get the benefit of his creative faculty,
In Vinaya Nath Narain Sinha v. The Bihar journals Ltd. 1953-II L.L.J. 033, a Division Bench of the Patna High Court held that an assistant editor of a newspaper was not a workman since he was not engaged to do manual or clerical work. It was observed: