STATE OF KERALA & ANR. vs R. E. D'SOUZHA

The Supreme Court examined whether the workers engaged in the respondent's premises qualify as 'workers' under Section 2(1) of the Factories Act, 1948. The Court held that the nature of work performed by these individuals, characterized by irregular attendance and lack of control by the employer, does not meet the statutory definition of a worker. Consequently, the High Court's ruling that these individuals are not workers under the Act was upheld, affirming the respondent's conviction under Section 92 for operating without necessary permissions.