STATE OF KERALA Vs. R E DSOUZHA

JUDGEMENT

(1.) These appeals are on certificates granted by the High Court of Kerala. The only question in these appeals is whether the workmen doing work in the premises of the respondent are workers within the meaning of Section 2 (1) of the Factories Act, 1948 Section 2 (1) of the Factories Act, 1948 reads as follows:

(2.) The respondent was convicted under Section 92 of the Factories Act for using a building as a factory without obtaining the previous permission in writing of the Chief Inspector of Factories, for failing to apply for registration and grant of licence for the factory and for failing to maintain a muster roll of the workers employed in the factory in one case and for failing to give attendance cards to every person employed in the factory in the other case. The respondent was sentenced to pay a fine of Rs. 20/- in each case. He was also directed under Section 102 of the Factories Act to rectify the defects within a specified period.

(3.) The respondent filed a Revision Petition in the High Court. The High Court held that the work that was being carried out in the premises of the respondent amounted to manufacturing process. This question has not been debated before us. The High Court further held that the workmen working in the premises of the respondent were not 'workers' within the meaning of S. 2 (1) of the Factories Act. It is this part of the decision that has been challenged in appeal by the State of Kerala.