Raghubar Dayal, J. - (1.) This is an appeal by special leave by Ardeshir H. Bhiwandiwala against the order of the High Court of Bombay allowing an appeal by the State against the acquittal of the appellant of an offence under S.92 of the Factories Act, 1948 (Act LXIII of 1948), hereinafter called the Act, for his working the Wadia Mahal Salt Works situate at Wadala, Bombay, without obtaining a licence under S. 6 of the said Act read with R. 4 of the rules framed under the Act.
(2.) The main question for determination in this appeal is whether these Salt Works come within the definition of the word 'factory' under cl. (m) of S. 2 of the Act. The answer to this question depends on the meaning of the word 'premises' in the definition of the word 'factory' and on the determination whether what is done at this Salt Works in connection with the conversion of sea water into crystals of salt comes within the definition of the expression 'manufacturing process' in cl. (k) of S 2 of the Act.
(3.) The Salt Works extend over an area of about two hundred and fifty acres. Some of the other salt works, however, have even larger areas. The only buildings on this land consist of temporary shelters constructed for the resident labour and for an office. At a few places, pucca platforms exist for fixing the water pump when required to pump water from the sea. When not required, this pump is kept in the office. With the exception of the constructions already mentioned, the entire area of the Salt Works is open. On the sea side, it has bunds in order to prevent sea water flooding the salt pans.;