N.D.OJHA, P.N.BAKSHI
MEHROTRA ENTERPRISES – Appellant
Versus
STATE OF U. P – Respondent
P. N. BAKSHI, J.
( 1 ) MESSRS. Indian Explosives Ltd. , Fertilizer Division deals in the manufacture and sale of the Chemical Fertilizer popularly known as urea. Its factory is situate at Panki, about 13 Kms. from Kanpur. Urea is manufactured in the factory and is packed in polythenelined gunny bags in the factory premises by mechanised operations. Thereafter these bags of urea, each weighing 50kgs. are diverted by mechanised conveyor belts to the railway siding. The company aforesaid engages a permanent labour force for loading these packed urea bags from conveyor belt to the railway wagons. According to the case of the company, this permanent labour force known as "loaders" are engaged in specialised operation of unloading these urea bags from the conveyor belts to the wagons. Each loader handles one bag at a time. The conveyor belt being at a height of 5. the bag is taken on the shoulder by the loader and it is stock piled in the wagon. A group of four loaders work continuously at a time on one conveyor belt. The time interval between the coming of successive bag is 3 seconds. Thus 20 bags are loaded In a minute by the group of four of the companys loaders. Since the capacity of
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