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TMI Blog1959 (12) TMI 61X X X X Extracts X X X X X X X X Extracts X X X X ..... of sugarcane for use in the, sugar factory are employees of a ' Commercial Establishment' with in the meaning of the United Provinces Shop and Commercial Establishment Act, XXII of 1947 (herein- after referred to as the Act). The Magistrate who tried the respondents for offences under s. 27 of the Act held that the field workers were employees of a Commercial Establishment. The High Court at Allahabad took a contrary view, and the State of Uttar Pradesh has appealed to this court against the order of the High Court with special leave under Art. 136 of the Constitution. The United Provinces Shop and Commercial Establishment Act, 1947 was enacted to regulate the hours of employment and certain other conditions of employment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rejected the contention and convicted the respondents of contravention of s. 26 of the Act and sentenced each of them to pay a fine of ₹ 30 in each of the three cases. Against the orders of conviction and sentence, the respondents preferred revision applications to the Court of Session at Deoria. The Sessions Judge disagreed with the view of the Trial Magistrate and referred the cases to the High Court at Allahabad recommending that the orders of conviction and sentence passed by the Trial Magistrate be set aside. The High Court accepted the references and ordered that the respondents be acquitted. By the definition of a Commercial Establishment in s. 2 cl. 3 of the Act, the clerical and other establishments of a factory to whom the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... chinery or part of the premises used for the manufacturing process or any other kind of work incidental to or connected with the manufacturing process or the subject of the manufacturing process are deemed to be workers in a factory. By the use in s. 2 (1) of the Factories Act of the expression, I employed in any other kind of work incidental to or connected with the subject of manufacturing process', not only workers directly connected in the manufacturing process, but those who are connected with the subject of manufacturing process in a factory are included. It is unnecessary for the purpose of this case to decide the precise meaning of the expression I subject of the manufacturing process' in s. 2 cl. (1), because the diverse pr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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