In deciding the concept of 'worker' in Factories Act, 1948, whether relationship of master and servant is necessary?

According to section 2(1) of the Factories Act, 1948, "worker" means a person employed, directly or by or through any agency (including a contractor). The definition of work makes relationship of employment mandatory for a person to be worker according to the Factories Act. The expression "employed" does not necessarily involve the relationship of master and servant. There are conceivable cases in which where no such relationship exists and yet such persons would be workers. The expression a person employed, according to Justice Vyas, means a person who is actually engaged or occupied in a manufacturing process, a person whose work is actually utilised in that process. The definition of worker is clearly enacted in terms of a person who is employed in and not in terms of person who is employed by. It is immaterial how or by whom he is employed so long as he is actually employed in a manufacturing process. In the case of Birdh Chand Sharma v. First Civil Judge, Nagpur , 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 to 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 piece rate according to the quantum of work done, but the management had the right to reject such bidis which did not come up to the proper standard. On these facts the Supreme Court held that respondents were workers under section 2 (1) of the Act as there exists master and servant relationship between them.