Dear Ramesh,
In continuation of your question is factories act applicable for the construction activities when registered under BOCW.
Do we really had to register under factory , what was the judgement when you challenged on the court.
Looking for your valuable time and feedback.
Thanks in advance sir.
From India, New Delhi
4In continuation of your question is factories act applicable for the construction activities when registered under BOCW.
Do we really had to register under factory , what was the judgement when you challenged on the court.
Looking for your valuable time and feedback.
Thanks in advance sir.
From India, New Delhi
The scope of the two Acts are different. While construction activity is not manufacturing process but a workshop or fabricating unit therein would amount to manufacturing process and come within the definition of factory.
From India, Mumbai
From India, Mumbai
the exception of the law laid down in the Judgment of the Hon'ble High Court of Gujarat decided in 06.02.1973 in Simon Carves India Limited and Anr. Vs. The State of Gujarat that the work incidental, ancillary and in connection with the main activity of the company where 10 or more workers are working with the aid of power, the same may not fall under the provisions of the Factories Act, 1948. The Hon'ble Judge stated that "In order that the provisions of the Act are attracted it has to be shown that a manufacturing process with the aid of power was being carried on by engaging 10 or more workers in a fixed place as and by way of the main and predominant function of the company. If the company temporarily for the purpose of execution of the contract for construction carries on such manufacturing process at site temporarily provided by the owner for whom they are doing the job, it cannot be said that they are running a factory within the meaning of the Act. If a too literal construction is put on the term 'factory' as contended by the learned Advocate for theopponent, the same would not be in consonance with the object and purpose of the Act."
From India, Chennai
From India, Chennai
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Factories Act.doc
LIST OF HOLIDAYS UNDER FACTORIES ACT - ANDHRA PRADESH.pdf