SHANKAR BALAJI WAJE vs STATE OF MAHARASHTRA.

The Supreme Court held that the individual in question was not a 'worker' under the Factories Act, 1948, as defined in Section 2(1), due to the absence of a contract of service, lack of supervision, and the freedom to work at his discretion. The Court distinguished this case from Birdhi Chand's Case, asserting that the criteria established in Chintaman Rao's case were not met. Consequently, the appellant's conviction under Section 92 read with Section 79(1) was overturned, as there was no basis for calculating leave wages under Section 80 of the Act.