J MANICKA GOUNDER Vs. INSPECTOR OF FACTORIES

JUDGEMENT

(1.) THE accused in this case was convicted for an offence under Section 6 read with Rule 5 (3) and Section 92 of the Factories Act, and, sentenced to pay a fine of Rs. 50, and was also further directed to pay a sum of Rs. 25 as licence fees.

(2.) THE facts are these : On 18-11-1957 at 9-15 a. m. P. W. 1, the Inspector of Factories, Vellore, inspected the premises in question. There was a 10 H. P. electric motor working. It was working the decprticator. The manufacturing process consisted in decorticating groundnut, drying them and packing the kernels in gunny bags. There were 18 persons working at these various processes. Five were men and 13 were women.

(3.) BEYOND this evidence there was no evidence let in to establish that either they received wages or were employed by or on behalf of the mills. In this state of evidence the only question that arises for consideration is whether it is a factory within the definition of Section 2 (m) of the Factories Act, 1948. "factory" is defined in Section 2 (m) as meaning,