In order to determine whether a person is a worker within the meaning of the Factories Act, it is necessary to consider whether the person is employed directly or through an agency by the manager of the factory, and whether the person receives wages from the manager.

JUDGMENT :- Crl. Ap. No. 661 of 1957 : This is an appeal by the State against the acquittal of the respondent by the Sub-Divisional Magistrate, Erode, in C.C. No. 185 of 1957.

2. The respondent was prosecuted for an offence under Sec. 6 of the Factories Act read with Sec. 92 and Rule 5(3) of the Madras Factories Rules, 1950. The case is that the respondent, who is the proprietor of a rice mill, was carrying on the business of the rice mill, viz., the manufacturing process of boiling; drying and hulling of paddy in the premises without a licence granted by the Chief Inspector of Factories, Madras, as required by the rules. A rice mill becomes a factory within the definition of that expression in "the Act if he employees 10 or more persons for working on any day.

It is alleged that on 20-3-1957 the Additional Inspector of Factories, Erode 1 Circle, inspected the factory and found 17 workers engaged in the business of manufacturing process of boiling, drying and hulling of paddy. The Additional Inspector of Factories, who is examined as P.W.1, speaks to the fact that he saw 10 men and 7 woman working in the mill. He says he noted down the names of 17 workers and ascertained from the workers that they were being paid wages. He also appears to have ascertained the type of work, which these men and women were doing at that time.

3. The respondent denied that he employed these 17 men and women and he denied the offence. He examined four defence witnesses on his side to show that he did not employ these 17 persons in his mill on the day when the Inspector came to inspect the factory. The case of the respondent is that excepting two or three, whom he has employed, the rest of them were all persons who brought paddy for the purpose of being hulled in the rice mill, and that, therefore, they could not be called workers within the meaning of the expression in the Act.

4. There is no doubt that on the date of inspection by P.W.1, he did see 17 persons, i.e., 10 men and 7 women, working there. There can be no doubt also that he ascertained their names and the type of work they were doing, because in the memo he sent he gives the nature of work they were doing. For instance, the first three persons in the list were said to be bailing paddy, the next two persons were said to be hullers, the sixth person was doing what is called kalas work and the rest were all said to be drying paddy.

If all these persons were employed by the mill owner, the respondent undoubtedly it will be a factory within the meaning of that expression in the Act, and he should take out a licence. The question is whether it is established beyond all reasonable doubt that all these 17 persons were workers under the proprietor and in the rice mill receiving wages from the respondent. The term "worker"is defined in Sec. 2(1) of the Act.

It is as follows : "Worker means a person employed, directly or through any agency, whether for wages or not, in any manufacturing process, or in cleaning any part of the machinery or premises used for a manufacturing process or in any other kind of work incidental to, or connected with, the manufacturing process, or the subject of the manufacturing process. Manufacturing process is defined in clause (k) of Sec. 2 of the Act as follows: "Manufacturing process"means any process for (i) making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing, or otherwise treating or adapting any article or substance with a view to its use, sale, transport, delivery or disposal, or (ii) pumping oil, water or sewage, or (iii) generating, transforming or transmitting power, or (iv) composing types for printing, printing by letterpress, lithography, photogravure, or other similar process or book binding, or (v) constructing, reconstructing, repairing refitting, finishing, or breaking up ships or vessels."

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