TMI Blog1978 (2) TMI 216X X X X Extracts X X X X X X X X Extracts X X X X ..... ihar, wherein paper is manufactured for sale from rawmaterials such as bamboo, cotton rags and waste paper etc. The respondent was appointed and employed in the Waste Paper Department of the Paper Factory and had been working as Sectional Officer in the said Department since 1964. The management received information from one of its dealers, M/s G. D. Bansal of Gwalior, that the respondent was acting against the interest of the Company and was divulging its secrets and confidential matters to outsiders for monetary considerations. Thereupon the management terminated the services of The respondent by a notice dated the 10th of June, 1970 with immediate effect, and according to its case, it had offered one month's wages' in lieu of not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l. We need not discuss or decide the merits of the respective cases of the parties, as in our opinion, the application filed by the respondent tinder section 26(2) of the Bihar Act was not maintainable. Only a person who is an employee under section 2(4) of the Bihar Act could file an application under section 26 (2). If he was not such an employee, be had no right to file the complaint. Section 2(4) reads as follows : employee' means a person wholly or partially employed for hire, wages including salary, reward, or commission in, and in connection with, and establishment and includes 4 apprentice', but does not include a member of the employers' family. It also includes persons employed in a factory who arc not worke ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amble of the Act would show that this is an Act to consolidate and amend the law regulating labour in factories. Clause (1) of section 2 runs as follows worker' means a person employed, directly or through any agency whether for wages or not, in any manufacturing process, or in cleaning any part of the machinery or premises used for a manufacturing process, or in any other kind of work incidental to, or connected with, the manufacturing process, or the subject of the manufacturing process. The definition of factory given in clause (in) starts by saying that it means any premises including the precincts thereof. Manufacturing process has been defined in clause (k) to mean any process for- (i) making, altering, repairing, ornam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thinking that checking of rags and their quality was not the main duty of the respondent, the Court came to the conclusion that his work was not incidental to manufacturing process The High Court thought that the Labour Court bad found as a fact that the respondent was not concerned with the manufacturing of paper either directly or incidentally and hence he was not a factory worker. In our opinion, the judgments of the Courts below in this regard cannot be sustained. The respondent was not employed in any manufacturing process or in cleaning any part of the machinery or premises used for, a manufacturing process. But the question for consideration is whether he was employed in any other kind of work incidental to or connected with, t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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