K CHOCKALINGAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE only, point for decision in this case is whether the persons who were found by the Inspector of Factories employed in the cigar factory can be considered to be workers. It is stated that these workers were employed on a contract basis and therefore cannot be held to be workers.

(2.) THIS would not take them out of the definition of a worker under Section 2(h) of the Factories Act which means a person employed, whether for wages, or not, in any manufacturing process, or in cleaning any part of the machinery or premises used for a manufacturing process or in any other kind of work whatsoever incidental to or connected with the manufacturing process or connected with the manufacturing process but does not include any person solely employed in a clerical capacity in any room or place where no manufacturing process is being carried on (c. f. definition of workman in Workmen's Compensation Act 8 of 1923, Section 2, clause (n)). And a factory is defined under clause (j) of Section 2 as follows: