Punishment to Welfare Officer
No punishment can be imposed on Welfare Officer without prior sanction of Chief Commissioner of Factories. However, simple order of termination as per terms of appointment is not punishment and such termination order is valid. [Arun Kumar Bali v. Government, NCT of Delhi]
Important Points
1) The Supreme Court held that salt manufacture from sea water by employing different processes is a manufacturing process and the workers engaged in this work are workers within the meaning of Factories Act. [Ardeshir H. Bhiwandiwala v. State of Bombay]
2) The Supreme Court held that Sun cured tobacco leaves subjected to processes of moistening, stripping, breaking up, packing with the view to transport them to Company's main Factory for their use in manufacturing Cigarette is a manufacturing process under the Factories Act. [V. P Gopala Rao v. Public Prosecutor]
3) The cutting of the woods or converting the wood into planks is a part of the manufacturing activity. [Bharati Udyog v. Regional Director ESI Corpn]
4) Construction of railway use of raw materials like sleepers, bolts, loose rails etc. to adaptation of their use for ultimately for laying down railway line amounts to manufacturing process.[Lal Mohmd v. Indian Railway Construction Co. Ltd.]
5) The process undertaken in zonal and sub-stations and electricity generating stations, transforming and transmitting electricity generated at the power station does not fall within the definition of manufacturing process. [Workmen of Delhi Electric Supply Undertaking v. Management of DESU]
6) Piece-rate workers can be workers within the definition of worker in the Act, but hey must be regular workers and not workers who come and work according to their will [Shankar Balaji Wale v. State of Maharashtra]
7) All persons employed in or in connection with a factory whether or not employed as workers are entitled to the benefits of the Act. [Union of India v. G.M Kokil]
8) If a factory is being run by a Company, then only a director of that Company can be the occupier for the purposes of the Act. [J. K Industries Ltd. V. Chief Inspection of Factories]
9) Employees working in canteens in industrial establishments run by Manager Committee are not employees of the Managing Committee, but are employees of occupier. [Kanpur Suraksha Karamchari Union v. Union of India]
10) Preparation of food and beverages and its sale to members of a club is a manufacturing process. [CCI v. ESIC]
11) Receiving products in bulk and packing as per clients requirements amounts to manufacture.
12) A person is said to be employed in the factory if his duties are connected with the business of the factory, no matter whether he stands outside the factory premises or inside it. [Shinde v. Bombay Telephones]
13) It was held that the definition of worker includes those employees who are entrusted solely with the clerical duties. [Works Manager, Central Rly. Workshop Jhansi v. Vishwanath and others]
14) It has been held where the statute casts on obligation to own a canteen in the factory, and the establishment runs a canteen through a contractor who brings the workers for the canteen would be part and parcel of the establishment, and the canteen workers would be deemed to be regular employees of the establishment entitled to arrears of salary and other monetary benefits. [Tamil Manila Thozilalar Sangam v. Chairman]
Important Points
1) The Supreme Court held that salt manufacture from sea water by employing different processes is a manufacturing process and the workers engaged in this work are workers within the meaning of Factories Act. [Ardeshir H. Bhiwandiwala v. State of Bombay]
2) The Supreme Court held that Sun cured tobacco leaves subjected to processes of moistening, stripping, breaking up, packing with the view to transport them to Company's main Factory for their use in manufacturing Cigarette is a manufacturing process under the Factories Act. [V. P Gopala Rao v. Public Prosecutor]
3) The cutting of the woods or converting the wood into planks is a part of the manufacturing activity. [Bharati Udyog v. Regional Director ESI Corpn]
4) Construction of railway use of raw materials like sleepers, bolts, loose rails etc. to adaptation of their use for ultimately for laying down railway line amounts to manufacturing process.[Lal Mohmd v. Indian Railway Construction Co. Ltd.]
5) The process undertaken in zonal and sub-stations and electricity generating stations, transforming and transmitting electricity generated at the power station does not fall within the definition of manufacturing process. [Workmen of Delhi Electric Supply Undertaking v. Management of DESU]
6) Piece-rate workers can be workers within the definition of worker in the Act, but hey must be regular workers and not workers who come and work according to their will [Shankar Balaji Wale v. State of Maharashtra]
7) All persons employed in or in connection with a factory whether or not employed as workers are entitled to the benefits of the Act. [Union of India v. G.M Kokil]
8) If a factory is being run by a Company, then only a director of that Company can be the occupier for the purposes of the Act. [J. K Industries Ltd. V. Chief Inspection of Factories]
9) Employees working in canteens in industrial establishments run by Manager Committee are not employees of the Managing Committee, but are employees of occupier. [Kanpur Suraksha Karamchari Union v. Union of India]
10) Preparation of food and beverages and its sale to members of a club is a manufacturing process. [CCI v. ESIC]
11) Receiving products in bulk and packing as per clients requirements amounts to manufacture.
12) A person is said to be employed in the factory if his duties are connected with the business of the factory, no matter whether he stands outside the factory premises or inside it. [Shinde v. Bombay Telephones]
13) It was held that the definition of worker includes those employees who are entrusted solely with the clerical duties. [Works Manager, Central Rly. Workshop Jhansi v. Vishwanath and others]
14) It has been held where the statute casts on obligation to own a canteen in the factory, and the establishment runs a canteen through a contractor who brings the workers for the canteen would be part and parcel of the establishment, and the canteen workers would be deemed to be regular employees of the establishment entitled to arrears of salary and other monetary benefits. [Tamil Manila Thozilalar Sangam v. Chairman]
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