CITATION:
1957 AIR 264 1957 SCR 152
ACT:
Industrial Dispute-Workman-Independent contractor-Test-
Distinction-Agarias, if workmen-Finding by the Industrial
Tribunal ... Tribunal and agreed
with by the High Court or they were independent contractors
and the reference for adjudication made by the Government
competent under
employed through the agency of a contractor, the said contractor being a purely labour-contractor who contracts to bring the labour, to be engaged ... that he treated the employees of the two "independent units" or independent contractors as contract-labour or labour employed by the contractor
person for whom the contract labour is
engaged. If an independent Contractor employs labour for
himself the liability will attach to him as the principal ... master and
servant relationship and no effective control on independent
contractors or home-workers. The manufacturer or trade mark
holder is rendered liable
home workers are those to whom the work is entrusted by
independent contractors who treat the workers as their own
employees and get the work ... manufacturers. In the case of contracts between the
manufacturers ant independent contractors, the manufactured
product is collected by the contractors from their home
workers
servant-Banker-Agreement between Bank and
Treasurers-Treasurers, whether servants or independent
contractors -Cashier appointed by Treasurer-Whether servant
of the Bank.
HEADNOTE:
The appellant ... showed
that the Treasurers were servants of the Bank and not
independent contractors; and that
(ii)as the direction and control of the appellant
entrusted the lorry to the 3rd respondent, an independent contractor for effecting certain repairs to the lorry that the 4th respondent had no licence, that ... damage sustained as a result of a motor accident, independently of any theory of independent contractor. We are not inclined to hold that this decision
master and servant relationship and no effective control on independent contractors or home-workers. The manufacturer or trade mark holder is rendered liable ... that the sattedars who were found in the factory were independent contractors and not workers. The management issued tobacco and sometimes beedi leaves to sattedars
these goods, but that the societies were in the position of independent contractors over whom they have no right of supervision and therefore, they cannot ... Court has laid down the distinction between an employee and an independent contractor. On the strength of these two decisions, it was argued that
Court pointed out that the broad distinction between a workman and independent contractor lies in that while the former agrees himself to work, the latter ... that what determines whether a person is a workman or an independent contractor is whether he has agreed to work personally
negligent. They further contended that Defendant No. 3 was an independent contractor and that they were not liable for the negligence of Defendant
