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“WORKER” means a person employed (Means a Master – Servant Relationship):-

1. DIRECTLY or by or through any AGENCY (including a contractor).

2. With or without the KNOWLEDGE of the principal employer

3. Whether for REMUNERATION or not

4. Employed DIRECTLY IN ANY MANUFACTURING PROCESS, or

5. In CLEANING ANY PART of the machinery or premises used for a manufacturing process, or

6. In any other kind of work INCIDENTAL TO, OR CONNECTED WITH (Means a process without which Manufacture cannot be Completed), the manufacturing process, or the subject of the manufacturing process.

7. But does not include any member of the ARMED FORCES OF THE UNION

“Factory” Under the Factories Act, 1948 means:-

1. Any premises including the precincts (A Place enclosed with walls or fences) thereof.

2. In any part of which a manufacturing process is being carried on.

3. Where on any day of the preceding twelve months,

4. Whereon TEN OR MORE WORKERS are working, or were working in any part of a MANUFACTURING PROCESS BEING CARRIED ON WITH THE AID OF POWER.

5. Whereon TWENTY OR MORE WORKERS are working in any part of a MANUFACTURING PROCESS IS BEING CARRIED ON WITHOUT THE AID OF POWER.

6. For this clause, the mere fact that an ELECTRONIC DATA PROCESSING UNIT OR A COMPUTER UNIT IS INSTALLED in any premises or part thereof, shall not be construed to make it a factory IF NO MANUFACTURING PROCESS IS BEING CARRIED on in such premises or part thereof.

7. But “Factory” does not include:-

a. A mine subject to the operation of , The Mines Act, 1952 (35 of 1952)], or

b. A mobile unit belonging to the armed forces of the Union or

c. Railway running shed or a hotel, restaurant or eating place.



Here we need to understand the meaning of a Manufacturing Process under the act. “MANUFACTURING PROCESS” means any process that includes:-



A. That brings into EXISTENCE A PRODUCT THAT IS DIFFERENT from the raw materials that made them.

B. The new product produced must has a “DIFFERENT COMMERCIAL IDENTITY THEN THE RAW MATERIAL”

C. The Process must involve TREATING OR ADAPTING any article or substance with a view to :-

a. Use or Self-Consumption.

b. Sale.

c. Transport.

d. Delivery or Disposal.

The Process of Treating and Adapting includes making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing or such other process.

D. Some Activities are “DEEMED MANUFACTURE” :-

a. Pumping oil, water, sewage or any other substance.

b. Generating, transforming or transmitting power.

c. Constructing, reconstructing, repairing, refitting, finishing or breaking up SHIPS OR VESSELS; or preserving or storing any article in COLD STORAGE.

d. Composing types for printing, printing by letter press, lithography, photogravure or other similar process or book binding.

For more see What Type of Factories are Covered Under Factoris Act 948
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“WORKER” means a person employed (Means a Master – Servant Relationship):-
1. DIRECTLY or by or through any AGENCY (including a contractor).
2. With or without the KNOWLEDGE of the principal employer
3. Whether for REMUNERATION or not
4. Employed DIRECTLY IN ANY MANUFACTURING PROCESS, or
5. In CLEANING ANY PART of the machinery or premises used for a manufacturing process, or
6. In any other kind of work INCIDENTAL TO, OR CONNECTED WITH (Means a process without which Manufacture cannot be Completed), the manufacturing process, or the subject of the manufacturing process.
7. But does not include any member of the ARMED FORCES OF THE UNION
for more
Hello, To download acts, rules, minimum wages and forms check weeks.simpliance.in, here you will get all recent amendments as well. HR Consultant
Hello,
To download acts, rules, minimum wages and forms check www.simpliance.in, here you will get all recent amendments as well.
HR Consultant
Hi All,
Even i have the same query. Employees those who work in finance department/sales department are also covered under definition of 'Worker' as per Factories act, 1948. One of my clients is not agreeing to this definition. As per him they dont fall under Worker. Does anyone have a case law which confirms that those who work under Finance/sales department of factory are also workers.
Thank you in advance.
Forget case laws (though there are enough, just google for it), just show him the definition and ask him to explain how the finance person is not a worker
Here the problem is only 3 workers are working in one manufacturing plant and there are many plants at different places in this situation whether they are workers under factory act
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