ASHOK KUMAR MATHUR, J. - (1.) IN all these appeas, the question which arises for consideration is whether the Water Works Department is covered by the provision of the Employees State Insurance Act, 1948 (here in after referred to as 'the Act') or not.
(2.) IT is not necessary to give out the detailed facts, but suffice it to say that the authority under the Act has held that the Water Works Department is fully covered by the provisions of the Act, therefore, they are liable to make contribution. Out of these five cases 4 appeals bearing Nos. 54/1979; 56/1979 -87/1985; and 48/1984 arise from Bhilwara while Appeal No. 97/1982 arises from Jodhpur. This Court had occasion to consider this aspect that whether the Water Works Department i.e. Public Health Engineering Department is covered by the provisions of the Act or not. Hon'ble K.S. Lodha, J. has answered this question by his judgment dated July 3, 1986 in S.B. Civil Misc. Appeal No. 215 of 1976 Employees State Insurance Corporation, Jaipur v. Assistant Engineer Water Works Department, Bhilwara and Ors. It would not be necessary to dilate in detail on this question. Hon'ble Lodha, J while relying upon the decision of their Lordships of the Supreme Court in N.E.L.P. Company v. E.S I. Corporation : (1967)IILLJ40SC has held that the Water Works Department is covered by the provisions of the Act as this is a factory within the meaning of Section 2(12) of the Act. In this connection, a reference was also made to a decision given by Hon'ble G.M. Lodha, J. in State of Rajasthan and Ors. v. Employees State Insurance Corporation, Jaipur S.B. Civil Misc. Appeal No. 32/1976, decided on 2 -8 -1984. Hon'ble G.M. Lodha, J. has also laid down that the Public Works Department (B and R) is covered by the provisions of the Employees State Insurance Act. Hon'ble Kansingh, J. as he then was, in the Regional Director Employees State Insurance Corporation, Jaipur v. The Assistant Engineer, Municipal Council Water Works, Ganganagar 1972 RLW 258 has also held that the Water Works Department of the Municipal Council, Sri Ganganagar is a factory therefore, it is covered by the provisions of the Employees State Insurance Act, 1948. It was held that since it is a factory, therefore, the provisions of the Act are applicable. It was observed as under. There is no manner of doubt that in the Water Works the process of cleaning the water is involved so that it may be rendered proper and sufficient for preventing danger to the health of inhabitants from the insufficiency or unwhole -some ness. Then water has to be pumped. Therefore, the treatment of water as also the act of storing and supply it by pumping will undoubtedly constitute a manufacturing process within the meaning of Section 2(k) of the Factories Act, 1948. The term 'power' as defined in this Act means 'electrical energy, or any other form of energy which is mechanically transmitted and is not generated by human or animal agency. There is, therefore, no substance in the contention that the Water Works maintained by the Municipal Council were not a factory within the meaning of the Act.
(3.) IN view of the series of judgments given by this Court there remains no room for doubt that the Water Works Department is a factory within the meaning of Section 2(12) of the Act and thereby the Act is applicable to it.;