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Questions and Answers
Who collected the biris prepared by the coolies?
Who collected the biris prepared by the coolies?
- The court
- Factory workers
- Sattedars (correct)
- Payment of Wages Authority
What was done to the biris at the factory before payment?
What was done to the biris at the factory before payment?
- They were sorted and checked (correct)
- They were sold to consumers
- They were discarded without checks
- They were immediately shipped
Who received the payment from the factory?
Who received the payment from the factory?
- The Court
- Sattedars (correct)
- Coolies
- Bidi factory management
What was the purpose of the workers applying to the Payment of Wages Authority?
What was the purpose of the workers applying to the Payment of Wages Authority?
Which section of the Factories Act were the workers claiming entitlement to wages under?
Which section of the Factories Act were the workers claiming entitlement to wages under?
What conclusion did the court come to regarding the nature of workers in this case?
What conclusion did the court come to regarding the nature of workers in this case?
Why did the factory not require constant supervision over the workers?
Why did the factory not require constant supervision over the workers?
At what stage of the task is supervision considered necessary according to the findings?
At what stage of the task is supervision considered necessary according to the findings?
What is the primary reason workers had to roll bidis for a considerable amount of time?
What is the primary reason workers had to roll bidis for a considerable amount of time?
Which factor does the nature of control vary according to?
Which factor does the nature of control vary according to?
What does the rejection of goods illustrate according to the content?
What does the rejection of goods illustrate according to the content?
What holds significant importance for employers despite the constraints of labor laws?
What holds significant importance for employers despite the constraints of labor laws?
What drives workers to roll bidis in relation to their livelihood?
What drives workers to roll bidis in relation to their livelihood?
How do certain laws affect the workers rolling bidis?
How do certain laws affect the workers rolling bidis?
What is implied about the economic reality faced by the workers?
What is implied about the economic reality faced by the workers?
Which of the following statements is true regarding contract obligations of workers?
Which of the following statements is true regarding contract obligations of workers?
What is the primary function of the respondent as described in the content?
What is the primary function of the respondent as described in the content?
What commission does the respondent receive from farmers and traders?
What commission does the respondent receive from farmers and traders?
Which of the following statements about the respondent is true?
Which of the following statements about the respondent is true?
What distinguishes the respondent from other businesses in terms of trading?
What distinguishes the respondent from other businesses in terms of trading?
What is the nature of the relationship between the respondent and its members?
What is the nature of the relationship between the respondent and its members?
Which of the following is NOT an indication of a contract of service?
Which of the following is NOT an indication of a contract of service?
What does the master's right to suspension or dismissal signify in a contract of service?
What does the master's right to suspension or dismissal signify in a contract of service?
In the context of the Henderson case, which aspect has been altered due to various legislations?
In the context of the Henderson case, which aspect has been altered due to various legislations?
Which party is under complete control and direction of the Bank in the Shivnandan Sharma case?
Which party is under complete control and direction of the Bank in the Shivnandan Sharma case?
Which of the following correctly describes the relationship between the Bank and the treasurers?
Which of the following correctly describes the relationship between the Bank and the treasurers?
What is implied by the payment of wages or other remuneration in a contract of service?
What is implied by the payment of wages or other remuneration in a contract of service?
Which of the following indicates the master's right to control how work is conducted?
Which of the following indicates the master's right to control how work is conducted?
What does the power of selection by the master imply in employment contracts?
What does the power of selection by the master imply in employment contracts?
What is stated about the record-keeping of the workers?
What is stated about the record-keeping of the workers?
How are the workmen engaged for tasks?
How are the workmen engaged for tasks?
Which claim did the workmen's union make in 1982?
Which claim did the workmen's union make in 1982?
What was one of the benefits the workmen's union sought?
What was one of the benefits the workmen's union sought?
What conclusion about employer-employee relationships can be drawn from the content?
What conclusion about employer-employee relationships can be drawn from the content?
What approach did the society take in response to the workmen's claims?
What approach did the society take in response to the workmen's claims?
Which of the following is true about the workmen's responsibilities?
Which of the following is true about the workmen's responsibilities?
What legal action did the society take regarding the workmen?
What legal action did the society take regarding the workmen?
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Study Notes
Contract of Service
- The master has the power to select their servant
- The master pays wages or other remuneration
- The master controls the method of doing the work
- The master has the right to suspend or dismiss the servant
###Â Shivnandan Sharma v. The Punjab National Bank
- The Bank had complete control and direction of the treasurers
- The Sattedars collected biris prepared by the coolies and took them to the factory
- Workers at the factory sorted and checked the biris
- Rejected biris were returned to the Sattedars for remaking
- Payment was made to the Sattedars, not the coolies
Birdhichand Sharma v. First Civil Judge Nagpur, 1960 SC
- Bidi factory workers asked for 15 days of leave
- The appellant (factory) did not pay wages for the leave
- The workers claimed they were entitled to 15 days of leave per year
- The workers were held to be "workers" under the Factories Act
- The Court determined that the nature of control varies from industry to industry
- The Court ruled that supervision is not constantly required, as bidi rolling is a simple task
- Supervision is required at the end stage for quality checks
- Workers are economically compelled to roll bidis to earn a living
- The employer still retains the right to exercise control, despite the economic realities of the workers
- The workers' wages are dependent on the number of bidis rolled
Other Important Factors
- Workers are not required to come daily
- No attendance or wage register is maintained
- The service of workmen by farmers or traders may not be taken
- This type of worker is not a "worker" under the meaning of employment laws
- Since there is no control or direction, the worker is not an employee
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