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Employees State Insurance Corporation vs Bala Tourist Service on 11 July, 2024 cites

Dharangadhara Chemical Works Ltd vs State Of Saurashtra on 23 November, 1956

''5. It was contended on behalf of the appellant that the appellant may be a workman as commonly understood, but work of appraising in the context is partly manual, as goes the weighing part, and partly mental, as goes the appraising part, wholly or partially skilled and/or technical and wages/commission for that work may fall within the expression ‘hire or reward’. Still, it is maintained, that unless there was a jural relationship of master and servant between Sahu and the Bank, he could not be termed as a workman, for the purposes of the Industrial Disputes Act, 1947. It stands established that Industrial Law revolves on the axis of master and servant relationship and by a catena of precedents it stands established that the prima facie test of relationship of Page 37 of 65 https://www.mhc.tn.gov.in/judis C.M.A.Nos.1813, 2020 and 2042 of 2021 master and servant is the existence of the right in the master to supervise and control the work done by the servant (the measure of supervision and control apart) not only in the matter of directing what work the servant is to do but also the manner in which he shall do his work. See in this regard D.C. Works Ltd. v. State of Saurashtra [AIR 1957 SC 264, 268 : 1957 SCR 152 : (1957) 1 LLJ 477] and Chintaman Rao v. State of M.P. [AIR 1958 SC 388, 392 : 1958 SCR 1340 : (1958) 2 LLJ 282] And this principle holds the field.''
Supreme Court of India Cites 6 - Cited by 311 - N H Bhagwati - Full Document

Shri Birdhichand Sharma vs First Civil Judge Nagpur And Others on 9 December, 1960

''32. A conspectus of all the aforesaid judgments would show that in a society which has moved away from being a simple agrarian society to a complex modern society in the computer age, the earlier simple test of control, whether or not actually exercised, has now yielded more complex tests in order to decide complex matters which would have factors both for and against the contract being a contract of service as against a contract for service. The early “control of the employer” test in the sense of controlling not just the work that is given but the manner in which it is to be done obviously breaks down when it comes to professionals who may be employed. A variety of cases come in between cases which are crystal clear — for example, a master in a school who is employed like other employees of the school and who gives music lessons as part of his employment, as against an independent professional piano player who gives music lessons to persons who visit her premises. Equally, a variety of cases arise between a ship's master, a chauffeur and a staff reporter, as Page 28 of 65 https://www.mhc.tn.gov.in/judis C.M.A.Nos.1813, 2020 and 2042 of 2021 against a ship's pilot, a taxi driver and a contributor to a newspaper, in order to determine whether the person employed could be said to be an employee or an independent professional. The control test, after moving away from actual control of when and how work is to be performed to the right to exercise control, is one in a series of factors which may lead to an answer on the facts of a case slotting such case either as a contract of service or a contract for service. The test as to whether the person employed is integrated into the employer's business or is a mere accessory thereof is another important test in order to determine on which side of the line the contract falls. The three-tier test laid down by some of the English judgments, namely, whether wage or other remuneration is paid by the employer; whether there is a sufficient degree of control by the employer and other factors would be a test elastic enough to apply to a large variety of cases. The test of who owns the assets with which the work is to be done and/or who ultimately makes a profit or a loss so that one may determine whether a business is being run for the employer or on one's own account, is another important test when it comes to work to be performed by independent contractors as against piece-rated labourers. Also, the economic reality test laid down by the US decisions and the test of whether the employer has economic control over the workers' subsistence, skill and continued employment can also be applied when it Page 29 of 65 https://www.mhc.tn.gov.in/judis C.M.A.Nos.1813, 2020 and 2042 of 2021 comes to whether a particular worker works for himself or for his employer.
Supreme Court of India Cites 9 - Cited by 66 - K N Wanchoo - Full Document

Silver Jubilee Tailoring House And ... vs Chief Inspector Of Shops And ... on 25 September, 1973

32. The other various conditions including disciplinary control would reveal that there is a complete control of the Establishment over these drivers. It is also noticed, as discussed in the earlier paragraphs, from the records that majority of the work of the Establishment is only carried out by these owner-cum-drivers and they are the prime employees, who are doing the work of the Establishment and only for the purpose of avoiding legal consequences and to avoid the payment of any statutory liabilities, they are maintaining very few person as their approved employees. One another contention raised by the Establishment is that the car used for the service request of customers belongs to the drivers and the Establishment is not giving cars to these drivers and since these drivers were not dependent on any equipment to be supplied by the Establishment, they are to be Page 56 of 65 https://www.mhc.tn.gov.in/judis C.M.A.Nos.1813, 2020 and 2042 of 2021 considered independent. As observed by the Apex Court in paragraph 32 of Silver Jubilee Tailoring House case cited supra, owning car with transport permit is the essential requirement to avail work of the Establishment. In other words, it is to be termed that, possessing car with permit is additional qualification to work as drivers of the Establishment.
Supreme Court of India Cites 15 - Cited by 161 - K K Mathew - Full Document
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