Natesan, J.

In these cases we are concerned with the true scope of the definition of "factory" in S.2(12) of the Employees' State Insurance Act (Central Act 34 of 1948) and whether the tanneries in question in these cases would come under that definition of "factory". For the tanneries it is contended that they do not, while the Regional Director, Employees' State Insurance Corporation, contends that they do fall under the definition of "factory" in the Act. A brief reference to the circumstance under which the question arises for determination is necessary at this stage for a proper appreciation of the problem.

The petitioner in Writ Petition No. 1166 of 1962 owns a tannery at Ranipet in North Arcot district, wherein the several processes of tanning of hides and skins are carried on by manual labour. The premises where the tanning is carried on are enclosed with walls and within the premises the raw and dried skins and hides undergo various processes, such as soaking, lining, unhairing, flashing, delining, scudding, colouring, buffing, etc. The water which is essential at the several stages of the tanning processes is obtained from a well in an open space outside the com