TMI Blog1987 (10) TMI 50X X X X Extracts X X X X X X X X Extracts X X X X ..... ential part and for that power is used. These are facts found and are not disputed. If that is the position, then in our opinion, it comes clearly within the purview of the Act in view of the other facts noted before and the employees are covered by the Act. - 2901 of 1987 - - - Dated:- 27-10-1987 - Sabyasachi Mukharji and G.L. Oza, JJ. [Judgment per : Sabyasachi Mukharji, J.]. - Special leave granted. 2. This appeal arises out of the judgment and order of the Division Bench of the Rajasthan High Court, dated 2nd September, 1986. The judgment under appeal was rendered in an appeal under Section 82(2) of the Employees' State Insurance Act, 1948 (hereinafter called 'the Act'). The respondent, Ram Chander, was the proprietor of M/s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... HICH THE ESTABLISH ARE SITUATED (1) (2) 1. Any premises including the precincts thereof whereon ten or more persons but in any case less than twenty persons are employed or were employed for wages on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power or is ordinarily so carried on but excluding a mine subject to the operation of the Mines Act, 1952 (35 of 1952) or a railway running shed or an establishment which is exclusively engaged in any of the manufacturing processes specified in Clause (12) of Section 2 of the Employees' State Insurance Act, 1948 (34 of 1948). Alwar. Ajmer. Bikaner. Jaipur. Jodhpur. Kota. Udaipur. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... umstances of the particular case. There is no doubt that the process must bring into existence a new item or a new commodity known differently in the market as such by people who use or deal with that good. In that process the ironing of clothes as has been found to be an essential part and for that power is used. These are facts found and are not disputed. If that is the position, then in our opinion, it comes clearly within the purview of the Act in view of the other facts noted before and the employees are covered by the Act. 5. Our attention was drawn by learned counsel appearing on behalf of the respondent to the observations of this Court in Deputy Commissioner, Sales Tax (Law) Board of Revenue (Taxes), Ernakulam v. Pio Food Packers ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ccasion, such as, marriage and other social functions which made available on payment of the stipulated price the services of the members of the group of musicians employed by it on wages was a shop to which the Act was applicable by virtue of the notification. The fact that the services were rendered by the employees engaged by the firm intermittently or during marriages did not entitle the firm to claim any exemption from the operation of the Act. In Metro Readywear Company v. Collector of Customs [1978 (2) E.L.T. 520] of the High Court of Kerala at Ernakulam it was held that the brassieres were undoubtedly undergarments falling within the description "articles of ready-to-wear apparel (known commercially as readymade garments) and theref ..... X X X X Extracts X X X X X X X X Extracts X X X X
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