Factories Act, 1948 is an act to consolidate and amend the law regulating Labour in factories. The main objective of the Act is to ensure adequate safety measures but also to promote health and welfare of the workers emp

According to section 2(l) of the Factories Act, 1948 "Worker" means a person employed, directly or by or through any agency (including a contractor) with or without the knowledge of the principal employer, whether for remuneration or not, in any manufacturing process, or in any other kind of work incidental to, or connected with, the manufacturing process, or the subject of the manufacturing process but does not include any member of the armed forces of the Union. In Birdh Chand Sharma v. First Civil Judge, Nagpur, [AIR 1961 SC 644) where the respondents prepared bidis at the factory and they were not at liberty to work at their homes. They worked within certain hours which were the factory hours. They were, however, not bound to work for the entire period and they could go whenever they like. Their attendance was noted in the factory. They could come and go away at any time they liked. However, no worker was allowed to work after midday even though the factory was closed at 7 p.m. and no worker was allowed to continue work after 7 p.m. There were standing orders in the factory and, according to these orders, a worker who remained absent for eight days presumably without leave could be removed. The payment was made on a piece rate according to the quantum of work done, but the management had the right to reject such bidis that did not come up to the proper standard. On these facts the Supreme Court held that respondents were workers under section 2 (l) of the Factories Act, 1948.