Shri Birdhichand Sharma vs First Civil Judge Nagpur And Others on 9 December, 1960
In Birdhichand Sharma's case, (supra), it was held by the Supreme Court of India that the prima facie test whether the relationship of master and servant or employer and employee existed between the parties was the existence of the right in the employer not merely to direct what work was to be done but also to control the manner in which it is to be done although the control visualised was incapable of being precisely defined on account of different situations prevailing in different organisations or industries.