O.H. Mootham, C.J. - (1.) This is an appeal from an order of Mr. Justice Chaturvcdi dated 18-10-1957, dismissing a petition under Article 226 of the Constitution.
(2.) The relevant facts are not in dispute. The appellant is the owner of a concern known as the Jai Hind Glass Bangles Cutting Factory at Firoza-bad in the district of Agra. Firozabad is the ccntre of the glass bangle industry in this State, and part of the work of making bangles is done on the appellant's premises. The number of persons employed by the appellant is less than ten but a large number of other persons averaging about 125 a day, make use of the mechanical power which is made available to them by the appellant in his premises. These other persons are not his employees. They are persons who are supplied with glass bang-les by bangle merchants for the purpose of engraving designs on them. They bring the glass bangles to the appellant's premises together with their own grinding wheels; they then attach their grinding wheels to the appellant's power plant and with their aid make grooves in the bangles. This, it seems, is all done on the appellant's premises. The bangles are then taken away and the grooves are filled with liquid gold or other colouring material, and after being further treated they are ready for sale on the market. The engraving work i-s in no way controlled or directed by the appellant who charges the users hire for the power which he supplies.
(3.) In view of the fact that less than ten persons employed by the appellant work on these premises, the provisions of the Factories Act} 1948, are not per se attracted. That Act however contains a section, s. 85, which is in these terms : "(1) The State Government may, by notification in the official Gazette, declare that all or any of the provisions of this Act shall apply to any place wherein a manufacturing process is carried on with or without the aid of power or is so'ordinarily earned on, notwithstanding that (i) the number of persons employed therein ia Jess than ten if working with the aid of power and less than twenty if working without the aid of power, or (ii) the persons working therein are not employed by the owner thereof but are working with the permission of, or under agreement, with such owner: Provided that the manufacturing process is not being carried on by the owner only with the aid of his family. (2) After a place is so declared it shall be deemed to be a factory for the purposes of this Act and the owner shall be deemed to be the occupier and any person working therein a worker. Explanation :--For the purposes of this section, 'owner' shall include a lessee or mortgagee with possession of the premises." On the 5th March, 1955, the State Government, acting in pursuance of this section issued a Notification declaring that all the provisions of the Factories Act and the rules made thereunder (excepting those specifically mentioned in the Notification) were to apply to certain specified commercial concerns including that of the appellant. The appellant endeavoured to persuade the State Government to exclude his concern from the Notification but his efforts were unsuccessful and he then filed a petition in this Court in which he challenged the validity of the Notification. It appears that the only point which was urged on behalf of the appellant before the learned Judge was that as no manufacturing process was carried on in his premises, the Notification so far as it purported to apply to those premises was invalid. This argument was rejected by the learned Judge, and the appellant now appeals.;