71 ,art.
14 and 15 of 1963, V. Gupte, Solicitor General and I. N. Shroff, for the appellant in C.A. No.
Sections 2 g and k of the Factories Act 1948, define power and manufacturing process.
Me premises are located within a companypound wall.
Appeals by special leave from the order , dated September 17, 1963 of the Bombay High Court Nagpur Bench in Letters Patent Appeals Nos.
The companypanys factory has a fixed site.
Inside the premises there are several buildings, yards and open spaces.
Letters Patent appeals from his orders were summarily dismissed by a Bench of the High Court.
A factory must occupy a fixed site, see Halsburys Laws of England, 3rd ed.,
The Judgment of the Court was delivered by Bachawat, J. The question in issue in these appeals is whether certain employees of the Nagpur Electric Light Power Co. Ltd.,am employees within the meaning of s. 2 9 of the Employees State Insurance Act, 1948 34 of 1948 .
Motor car staff mechanic, drivers, cleaners.
Typing department steno typists, typists.
The companypany and the employees have number preferred two separate appeals to this Court by special leave.
491 and 492 of 1965 .
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
491 and 492 of 1965.
N. Shroff, for respondent No.
Their case is that out of the five categories of staff mentioned in appendices 1 to 5 to the companypanys petition, those companynected with the receiving station and workshop appendices 1 and 2 were employees within the meaning of s. 2 9 , but those companynected with the engineering, stores and outdoor work, meter,consumers and allocation departments and administration appendices 3, 4 and 5 were number such employees.
491 of 1965 .
1 in C.A. No.
The companypany and the employees filed two separate applications before the Employees Insurance Court under s. 75 of the Act for the determination of the question.
Telephone operators.
The receiving station, the workshop, the meter testing department, the engineers quarters, the general office, and stores are in different buildings inside the premises.
9a Station clerk.
Motor car staff 1 motor drivers, 2 motor cleaners.
The Regional Director, Employees State Insurance Corporation companytested the applications, but he admitted that the workers of the categories mentioned in items 5 to 14 of appendix 4 and items 1, 7 and 8 of appendix 5 were number employees within the meaning of s. 2 9 .
Record keeper and daftari.
1 and 2 in C.As.
492 of 1965 .
Abhayankar, J. affirmed the finding of the Employees Insurance Court and dismissed the appeals.
492 of 1965 .
Menial staff peons, garden malies, chowkidars, sweepers, rejas temporary.
G. Ratnaparkhi, for the appellants in C.A. No.
15, p. 15.
Bishan Narain, M. L. Kapur and I. S. Sawhney, for the respondents Nos.
The Nagpur Electric Light Power Co., Ltd., occupies cer tain premises at Kamptee Road, Nagpur where it carries on the work of transforming and transmitting electrical energy.
