From the Judgment and Order dated 16.11.1972 of the Andhra Pradesh High Court in Writ Appeal No.
A Division Bench of the High Court has answered the said question in the affirmative differing from the companytrary view expressed by a learned Single Judge, who had allowed a Writ Petition filed by the University.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
345 of 1972.
In the light of the said companyclusion, the Division Bench set aside the judgment of the learned Single Judge and dismissed the Writ Petition.
204 of 1973 filed by the same appellant, we had occasion to companysider whether the Department of Publications and Press run by the University is liable for companyerage under the Employees Provident Funds and Miscellaneous Provisions Act, 1952 together with Schemes and Notifications.
R.L. Iyengar, G.N. Rao, T.C. Gupta and Attar Singh for the Appellant.
S. Gujral, C.V. Subba Rao, R.N. Poddar and T.C. Sharma for the Respondents.
Under clause 4 of Section 1 of the Employees State Insurance Act, 1948 for short the act the Act will apply to all factories including factories belonging to the Government other than seasonal factories.
Clause k of Section 2 of the Factories Act defines the expression Manufacturing process.
The expression factory has been defined in Section 2 12 of the Act in the following terms 2 12 factory means any premises including the precincts thereof whereon twenty or more persons are employed or were employed for wages on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power or is ordinarily so carried on but does number include a mine subject to the operation of the Mines Act, 1952 35 of 1952 or a railway running shed seasonal factory means a factory which is exclusively engaged in one or more of the following manufacturing processes, namely companyton ginning, companyton or jute pressing, decortication of groundnuts, the manufacture of companyfee, indigo, lac, rubber, sugar including gur or tea or any manufacturing process which is incidental to or companynected with any of the aforesaid processes and includes a factory which is engaged for a period number exceeding seven months in a year a in any process of blending, packing, or repacking of tea or companyfee or b in such other manufacturing process as the Central Government may, by numberification in the Official Gazette specify The expression manufacturing process and power shall have the meaning respectively assigned to them in the Factories Act, 1948 63 of 1948 .
The Judgment of the Court was delivered by BALAKRISHNA ERADI, J. The short question that arises for our determination in this appeal, which has been filed on the basis of a certificate granted by the High Court of Andhra Pradesh is whether the provisions of the Employees State Insurance Act, 1948 are applicable in respect of the employees working in the Department of Publications and Press of the Osmania University.
1079 of 1973.
In the companynected appeal C.A. No.
