STATE OF MAHARASHTRA Vs. SHANKAR BALAJI WAJE

JUDGEMENT

(1.) The concept of employment in the definition of `worker' in S. 2(1) of the Act involves three ingredients of employer, employee and the contract of employment. The employment is the contract of service between the employer and the employee whereunder the employee agrees to serve the employer subject to his control and supervision;

(2.) The prima facie test for the determination of the relationship of employer and employee is whether or not the owner or occupier of the factory had right to supervise and control the manner of execution of the work in question;

(3.) The nature or extent of control which is requisite to establish the relationship of employer and employee must necessarily vary from business to business;