SHRI BIRDHICHAND SHARMA vs FIRST CIVIL JUDGE NAGPUR AND OTHERS.

The Supreme Court held that the respondent workmen in a bidi factory were considered 'workmen' under Section 2(1) of the Factories Act, 1948, despite being paid on a piece-rate basis. The Court established that the nature and extent of control over workers varies by industry, and the right to supervise, rather than the method of supervision, determines worker status. The claim for unpaid wages was upheld, affirming that the right to leave under Section 79 arises as a matter of right after a minimum number of working days, regardless of subsequent absences.