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PETITIONER: DHARANGADHARA CHEMICAL WORKS LTD.
Vs.
RESPONDENT: STATE OF SAURASHTRA.
DATE OF JUDGMENT: 23/11/1956
BENCH: BHAGWATI, NATWARLAL H. BENCH: BHAGWATI, NATWARLAL H. AIYYAR, T.L. VENKATARAMA DAS, S.K. MENON, P. GOVINDA
CITATION: 1957 AIR 264 1957 SCR 152
ACT: Industrial Dispute-Workman-Independent contractor-Test- Distinction-Agarias, if workmen-Finding by the Industrial Tribunal, if a question of fact-Such finding, if and when can be set aside--Industrial Disputes Act (XIV Of 1947), S. 2(s)-Constitution of India, Art. 226.
HEADNOTE: The appellants were lessees holding a license for the manufacture of salt on the demised lands. The salt was manufactured by a class of professional labourers known as agarias from rain water that got mixed up with saline matter in the soil. The work was seasonal in nature and commenced in October after the rains and continued till June. Thereafter the agarias left for their own villages for cultivation work. The demised lands were divided into plots called Pattas and allotted to the a-arias with a sum of Rs. 400/- for each Patta to meet the initial expenses. Generally the same patta was allotted to the same aigaria every year and if a patta was extensive in area, it was allotted to two agarias working in partnership. After the manufacture of salt the agayias were paid at the rate Of 5 a...