K H PANJANI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an appeal from an order of Mr. Justice Chaturvcdi dated 18-10-1957, dismissing a petition under Article 226 of the Constitution.

(2.) The relevant facts are not in dispute. The appellant is the owner of a concern known as the Jai Hind Glass Bangles Cutting Factory at Firoza-bad in the district of Agra. Firozabad is the ccntre of the glass bangle industry in this State, and part of the work of making bangles is done on the appellant's premises. The number of persons employed by the appellant is less than ten but a large number of other persons averaging about 125 a day, make use of the mechanical power which is made available to them by the appellant in his premises. These other persons are not his employees. They are persons who are supplied with glass bang-les by bangle merchants for the purpose of engraving designs on them. They bring the glass bangles to the appellant's premises together with their own grinding wheels; they then attach their grinding wheels to the appellant's power plant and with their aid make grooves in the bangles. This, it seems, is all done on the appellant's premises. The bangles are then taken away and the grooves are filled with liquid gold or other colouring material, and after being further treated they are ready for sale on the market. The engraving work i-s in no way controlled or directed by the appellant who charges the users hire for the power which he supplies.

(3.) In view of the fact that less than ten persons employed by the appellant work on these premises, the provisions of the Factories Act} 1948, are not per se attracted. That Act however contains a section, s. 85, which is in these terms :