AI Overview...
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Factory Definition - Under the Factories Act, a factory is defined as a building where a manufacturing process is carried out with at least 10 workers. Section 3(1)(b) of the 1975 Act stipulates that a building must qualify as a factory under this definition to be recognized as such PARISONS INFRASTRUCTURE (P) LIMITED vs TAHSILDAR - Kerala, Parisons Infrastructure (P) Limited Vs Tahsildar - Kerala.
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Applicability to Water Treatment Plants - Water treatment plants generally do not fall under the factory definition because they do not involve manufacturing processes as defined in the Factories Act. Courts have quashed notices or deemed that such plants are not covered by the Act, emphasizing that activities like water treatment and pumping are not considered manufacturing processes under the Act Central Coalfields Ltd VS State of Bihar - Jharkhand.
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Industrial Establishment and Industry - Courts have analyzed the broader definitions of 'industrial establishment' and 'industry' under various Acts, including the Industrial Disputes Act, to interpret whether entities like water supply organizations qualify as factories. The consensus indicates that unless involved in manufacturing, these entities typically do not qualify as factories INDRAPRASTHA MEDICAL CORPORATION LTD. VS NCT OF DELHI - Delhi, Tamil Nadu Water Supply and Drainage Board VS The Secretary, Kovilpatti Water Supply Scheme Maintenance and Others - Madras.
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Legal Interpretations and Case Law - Courts have distinguished between entities engaged in manufacturing activities and those involved in water supply or treatment, often ruling that water supply facilities do not constitute factories under the Factories Act. For instance, the Tamil Nadu Water Supply and Drainage Board was considered an industry but not a factory under the Act Regional Director Employees State Insurance Corporation, Jaipur VS Assistant Engineer, Municipal Council, Water Works, Ganganagar - Rajasthan, Tamil Nadu Water Supply and Drainage Board VS The Secretary, Kovilpatti Water Supply Scheme Maintenance and Others - Madras.
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Implication for Water Supply Facilities - Water supply factories, such as municipal water works, may be recognized as industries or industrial establishments but are generally excluded from the factory definition unless they involve a manufacturing process. This distinction impacts regulatory obligations and applicability of factory-specific laws Tamil Nadu Water Supply and Drainage Board vs Inspector of Labours - Madras.
Analysis and Conclusion
Water supply factories, primarily involved in water treatment and distribution, are typically not classified as factories under the Factories Act because they do not engage in manufacturing processes involving at least 10 workers. While they may be considered industries or industrial establishments under broader legal frameworks, the specific definition of a factory excludes such entities unless manufacturing activities are present. This distinction influences legal obligations, regulatory oversight, and applicability of factory-related laws.
References: - PARISONS INFRASTRUCTURE (P) LIMITED vs TAHSILDAR - Kerala - Central Coalfields Ltd VS State of Bihar - Jharkhand - Parisons Infrastructure (P) Limited Vs Tahsildar - Kerala - INDRAPRASTHA MEDICAL CORPORATION LTD. VS NCT OF DELHI - Delhi - Regional Director Employees State Insurance Corporation, Jaipur VS Assistant Engineer, Municipal Council, Water Works, Ganganagar - Rajasthan - Sirsilk Ltd. , Sirpur, Kaghaznagar represented by General Power of VS Regional Director, The Employees State Insurance Corporation, A. P. , Hyderabad - Andhra Pradesh - TWAD BOARD EMPLOYEES UNION VS TWAD BOARD AND OTHERS - Madras - Tamil Nadu Water Supply and Drainage Board VS The Secretary, Kovilpatti Water Supply Scheme Maintenance and Others - Madras - Tamil Nadu Water Supply and Drainage Board vs Inspector of Labours - Madras - Velipalayam Co-operative Milk Supply Society by its Special Officer VS Regional Director, Employees State Insurance Corporation, Madras - Madras
Search Results for "Water Supply Factory Definition Factries Act"
2025 Supreme(Online)(Ker) 20107 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
Section 3 (1) (b) of the Act of 1975, the building has to be a factory as defined under the Factories Act. In the absence of any definition of factory under the Act of 1975, the definition in the Factories Act has to be considered. ... As per the provisions of the Factories Act, a factory should have at least 10 persons as workers. For the said reasons, the buil....
2009 0 Supreme(Jhk) 787 • India - Jharkhand
AJIT KUMAR SINHA
any manufacturing process and it is not a factory—Factories Act do not apply to Water treatment plants—Impugned notices quashed—Petition ... Factories Act, 1948—Sections 2(k) and 2(m)—Application of the Act to water treatment plants—Water treatment plants do not involve ... to be included in the definition of factory. ... Even under the definition of manufacturing process as prov....
2025 0 Supreme(Ker) 439 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR.JUSTICE SYAM KUMAR V.M., J
Section 3 (1) (b) of the Act of 1975, the building has to be a factory as defined under the Factories Act . In the absence of any definition of factory under the Act of 1975, the definition in the Factories Act , a factory should have at least 10 persons as workers. For the said reasons, the building of the petitioner does not come under the definition of factory#HL_END....
2006 0 Supreme(Del) 338 • India - Delhi
MARKANDEY KATJU, VIPIN SANGHI
It analyzed the definitions of 'industrial establishment' and 'factory' under the Standing Orders Act and the Factories Act, and ... Finding of the Court: The court analyzed the definitions of 'industrial establishment' and 'factory' under the Standing ... Orders Act and the Factories Act, and interpreted the main activities of a hospital in relation to the definitions. ... Hence, in our opinion....
1972 0 Supreme(Raj) 50 • India - Rajasthan
KAN SINGH
(d) Factories Act, Sec 2{k)—Water Works maintained by municipality for supply of water —Cleaning and pumping water is manufacturing ... S. 271 of Municipalities Act not necessary. ... under Employees Insurance Act — Notice not necessary. ... The learned Judge considered the definition of the term factory as given in the Act as also one given under the Factories Act#HL_E....
1963 0 Supreme(AP) 136 • India - Andhra Pradesh
NARASIMHAM, P.CHANDRA REDDY
"worker" in the Factories Act, as it found that the two definitions embody different concepts. 3. ... The court also considered the provisions of the Factories Act, which cast an obligation on a factory that employs more than 250 workers ... The court rejected the appellant's argument that the definition of "employee" should be read in conjunction with the definition of ... It was held by the Court of appeal that the water company w....
1992 0 Supreme(Mad) 123 • India - Madras
MISHRA
The Supreme Court in Bangalore Water Supply v. A. ... PROCESS - WORKERS IN A FACTORY - ENTITLEMENT TO BENEFITS UNDER TAMIL NADU ACT 46 OF 1981. ... The definition of industry in Section 2(j) of the Industrial Disputes Act has a pervasive meaning to include any business, trade, ... There can also be no dispute to the fact that workmen, if engaged in the manufacturing process as required under the definition of the word "factory", will be workers for t....
1992 0 Supreme(Mad) 127 • India - Madras
MISHRA
TAMIL NADU WATER SUPPLY AND DRAINAGE BOARD - INDUSTRY - ACT 4 OF 1971, SECTION 30, 31 - INDUSTRIAL DISPUTES ACT, 1947, SECTION ... 1948, SECTION 2(M) - The Tamil Nadu Water Supply and Drainage Board (TWAD) is an industry within the meaning of the Industrial Disputes ... Ratio Decidendi: The definition of "industry" in Section 2(j) of the Industrial Disputes Act, 1947 has a wide import. ... There can also be no dispute to the fact t....
2025 Supreme(Online)(Mad) 26419 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
,
The definition of an "industrial establishment" includes factories as defined in the Factories Act, incorporating entities where ... ... ... Facts of the case: ... Contract laborers engaged through various contractors by a Board responsible for water supply and ... ... ... Findings of Court: ... The Board was held to be an industrial establishment under the 1981 Act as it qualifies as a "factory ... Hence, the definition of “#....
2000 0 Supreme(Mad) 531 • India - Madras
K.P.SIVASUBRAMANIAM
Act and the definition of 'factory' and 'manufacturing process' under Section 2(12) of the Act and Section 2(k) of the Factories ... 'factory' and 'manufacturing process' under the Act, and the effect of the incorporation of the definition of 'manufacturing process ... The court analyzed the incorporation of the definition of 'manufacturing process' from the Factories Act into the E.S.I. ... In th....
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