Admittedly, the deceased was an agricultural labourer. Learned Counsel for the MSRTC has first tried to submit that an agricultural labourer neither fits into the category of self employed nor being on a fixed salary, and therefore, the concept of future prospects cannot be applied. She has also sought to invoke the dictionary meaning of the word 'self employed'. Firstly, no doubt, self employed would mean earning income directly from one's own business, trade, or profession rather than as a specified salary or wages from an employer, however, in my view, an agricultural labourer is a service provider of agricultural labour and can be said to be engaged in his profession like a carpenter or a cobbler. He has the skill of agriculture labour and is specialized in performing agriculture labour. Therefore, in my view, an agricultural labourer earning income from the profession of agriculture labour is a self employed person. No contrary view or decision has been brought to my notice. {Para 11}
IN THE HIGH COURT OF BOMBAY
First Appeal No. 1579 of 2006
Decided On: 21.09.2023
Kalpana Madhu Gavali and Ors. Vs. Maharashtra State Road Transport Corporation
Hon'ble Judges/Coram:
Abhay Ahuja, J.
Citation: MANU/MH/3837/2023.
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