Topic :Core interpretation of Manufacturing process sec 2k of Factories Act 1948
-HR Ignite
Section 2(k) within the Factories Act, 1948
(k) “manufacturing process” means any process for—
- Making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, ending, demolishing, or otherwise treating or adapting any article or substance with a view to its use, sale, transport, delivery or disposal
- Pumping oil, water, sewage or the other substance; or
- Generating, transforming or transmitting power; or
- Composing types for printing, printing by letterpress, lithography, photogravure or other similar process or bookbinding;] 4 [or]
- Constructing, reconstructing, repairing, refitting, finishing or ending ships or vessels; 4 [or] 4[(vi) preserving or storing any article in cold storage;]
Explanation 1 :
Judicial view
Some of the methods which are held to be the manufacturing process are as follow Decision./ Judgment
- Making of bodies. Chintamanroa v.s.of m.p
- Molding and reworking of raw cinematography film into a finished product. ( Gemini studio v. State)
- Construction of the railway ( Lal Mohammad v.indian )
- process administered in salt works in converting seawater into salt ( Ardeshir h . Binwandiwala v . the State of Bombay )
- Gaining and pressing Cotton ( Jafar gin & press factory v shaikh Ismail )
- Collection of ghee ( keteccha v. Regional inspector of factories )
Explanation: 2
Following process not held to be factory
- Any preliminary packing of a staple for delivery to factory ( Air 1969Mad 155)
- Finished good and packing thereof ( FHare v. State ) Air 1955 2710
- transforming and transmitting electricity at the power plant (workmen of Delhi electric supply undertaking v. Management Desu Air 1973)
- Exhibition of the film process
- Receiving news from various sources
Comment
Interpretations of producing process are hard because if we neutralize literal way than most classical judgment on the manufacturing process of honorable court alter the definition of sec 2k
So sec 2k needs core interpretation I strict interpretation
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Our next article on sec 2(I) of factories act 1948 I.e worker
Thank You,
Shivam Jha
IR Professional
Delhi
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