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State of Goa & Anr. vs. Namita Tripathi (SC)

52.00 5.20

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Factories Act, 1948–Sec. 6–Allegation that the premises were being used as a factory without obtaining a factory licence in violation of State Rules & Sec. 6 of Act–Order of summoning–Quashed by the High Court–Justification–As per provisions of Sec. 2(k), any process involving washing or cleaning any article or substance with a view to its use, sale, transport, delivery or disposal would be covered within the meaning of manufacturing process–Respondents employed more than nine workers in their laundry business–High Court ignored the plain language of the Section and has been completely oblivious about the nature of the statute–Definition of manufacture given in Central Excise Act was exptrapolated by the High Court–Additionally, the respondent is registered as a factory under the ESIC Act for same premises–Impugned order passed by the High Court is liable to be set aside.