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TMI Blog1958 (10) TMI 44X X X X Extracts X X X X X X X X Extracts X X X X ..... s were taking out licenses under the Factories Act, 1948, for these three establishments and the provisions of the Factories Act were being applied to them. Those licenses were being renewed from year to year and till this writ petition was filed on 18-7-1956, no objection was raised by the petitioners to the application or the applicability of the Factories Act to these three establishments. 2. In this petition filed under Art. 226 of the Constitution the petitioners seek the issue of a writ of Mandamus or any other appropriate writ, direction, or order directing the respondents herein (The Additional Inspector of Factories, Circle No. I, Vijayawada, and Additional Inspector of Factories, Circle No. III, Vijayawada) to forbear from enforc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 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." In these establishments, meals, refreshments, coffee and other eatables and drinks are prepared and sold to customers. Although at the first blush it might seem incongruous that a culinary process should be regarded as a manufacturing process, yet the language employed in Clause (k) of Section 2 is, in my opinion, wide enough to include the process of preparing food-stuffs and other eatables which are supplied by these establishments. It does satisfy the test of "making, altering or otherwise treating ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the power to make laws and the Central Legislature had not. Assuming that hotels and restaurants of the type which the petitioners are running, are inns and the petitioners are inn-keepers, this contention is untenable because in List III, the Concurrent Legislative List, entry 27 related to "welfare of labour and conditions of labour"; and therefore, the Central Legislature had the power to enact the Factories Act whose object is to regulate labour in factories and to require the employers to pay adequate attention to the health, safety and protection of their workers; and even if this piece of legislation incidentally trenched upon a Provincial subject, it cannot be held to be 'ultra vires' of the powers of the Centra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h the rule is founded, and that it applies to Indian as well as Dominion legislation. 8. No doubt experience of past difficulties has made the provisions of the Indian Act more exact in some particulars and the existence of the Concurrent List has made it easier to distinguish between those matters which are essential in determining to which list particular provisions should be attributed and those which are merely incidental. But the overlapping of subject-matter is not avoided by substituting three lists for two or even by arranging for a hierarchy of jurisdictions. Subjects must still overlap and where they do, the question must be asked what in pith and substance is the effect of the enactment of which complaint is made and in what li ..... X X X X Extracts X X X X X X X X Extracts X X X X
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