9911796707
TMI Blog2009 (7) TMI 106X X X X Extracts X X X X X X X X Extracts X X X X ..... pumping oil. When we go to a Petrol Pump for getting petrol or diesel, the petrol or diesel is in a tank and it does not on its own flow from the tank to the pipe and thereafter into the vehicle, but only by means of a pump by using power – Factories Act, 1948 applied to appellants. - 5840 of 2004 - - - Dated:- 29-7-2009 - Markandey Katju and H.L. Dattu, JJ. S/Shri Dines Dwivedi, Sr. Advocate, Prateek Dwivedi, Ms. Vandana Ms. Manish Kumar, Ashutosh Kumar Sharma (for Shail Kumar Dwivedi), Advocates with him, for the Appellant. Shri V.J. Francis, Advocate, for the Respondent. [Order].- Heard learned counsel for the parties. 2. This Appeal has been filed against the impugned judgment of the Allahabad High Court dated 24th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f power or is ordinarily so carried on, but does not include a mine subject to the operation of the Mines Act, 1952 (35 of 1952) or a railway running shed;)" 5. The expressions "manufacturing process" as well as "power" used in the Act have been given the same meaning as in the Factories Act, 1948, vide Sections 2(14-AA) and Section 2(15-C) of the Act. 6. Section 2(k) of the Factories Act, 1948 defines "manufacturing process" as follows: "(k) "manufacturing process" means 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 ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Statute is clear, the literal Rule of Interpretation applies, and there is no need to go into the object and intention of the Statute (vide article entitled 'A Note on Interpretation of Statutes' by Markandey Katju, J., published in the Journal Section of AIR 2007 SC page 22). In the present case, Section 2(14-AA) of the Act states that "manufacturing process" shall have the meaning assigned to it in the Factories Act, 1948. In the Factories Act, 1948, Section 2(k) of the Act includes pumping oil as a manufacturing process. 11. In our opinion, the only rule of interpretation which applies to the facts of the present case is the Literal Rule of Interpretation, which means that we should go simply by the wording of the Statute and not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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