103. PRESUMPTION AS TO EMPLOYMENT. –
If a person is found in a factory at any time, except during intervals for meals or rest, when work is going on or the machinery is in motion, he shall until the contrary is proved, be deemed for the purposes of this Act and the rules made thereunder to have been at that time employed in the factory.
When it was factually established the respondent was not a workman, raising a presumption under Section 103 of the Act in his favour was not correct; the Factory manager, CIMMCO Factory v. V.K. Sharma, AIR 2000 SC 2524.