Symbiosis Law School, NOIDA

Constituent of Symbiosis International (Deemed University)

(Established Under Section 3 of the UGC Act, 1956 Vide Notification No. F.9 – 12/2001- U.3 of the Government of India)
Re Accredited By NAAC (UGC) with ‘A’ Grade |Approved by Bar Council of India
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Internal Continuous Evaluation (October 2021)
Tutorial
Course: Labour and Industrial Law
Semester: IX (B.A./B.B.A.LL.B.)
(Batch: 2017-22)

Day and Date: Monday, October 4, 2021 Time: 12:00 PM – 01:30 PM

10

Instructions:
1) Type the answers and Upload/ turn in after completion of tutorial.
2) Mention your name, PRN, Division and Batch.
3) The answers of tutorial must be submitted on ‘Assignment @Microsoft Teams’ between 01:30 PM-
01:35 PM. Late submission will invite the penalty. Submission made between 01:36 PM - 01: 45 PM
will lead to deduction of 3 marks from the marks obtained in Tutorial. Submission made between
01:46 PM – 01:59 PM will lead to deduction of 5 marks from the marks obtained in Tutorial. No
submission will be accepted after 02:00 PM.
4) The examinees should complete all steps then submit and turn in the answer of the Tutorial on
‘Assignment@Microsoft Teams’. Examinees are required to attempt all the questions carefully
5) You are evaluated on understanding rather than recall and memorization.
6) The answer must be original. If it is found that the answer is copied from any source then zero marks
will be awarded.

Question 1. Flame First is a bidi factory. Process of manufacture of bidi so far as relevant are as under:
The management supplies tobacco and bidi – leaves. It enters into a contract with independent contractors for
the supply of bidis locally. Some of the contractors maintain small premises where they get bidis manufactured
by engaging coolies. Contractors collect the bidis so manufactured and take them to the factory directly or
through coolies. The management pays the contractors the cost of the manufacture of bidis after deducting cost
of tobacco supplied to them.
Contractor, who undertakes to do a specific job of work directly or indirectly through his coolies, by
manufacturing them either in his own factory or by entrusting the work to third parties, at a price to be paid by
the management after delivery and approval. Contractor or his coolies neither work in the factory of Flame First
nor are they subject to the supervision or control of the appellants.
Comment: (4 Marks)
a) Whether Flame First is ‘factory’ within meaning of Factories Act, 1947? Give appropriate reason with
judgments if any
b) Whether contract with Contractor would amount to manufacturing process? With reasons
c) Whether coolies are entitled to any benefit under the Factories Act, 1947?
d) Who will be deemed to be occupier for the purpose of coolies?
 Question 2. Thermax Constructions Ltd. is a Company incorporated under Companies Act. The Company is
into construction business i.e. civil works, constructing drainage system, roads and bridges, etc. The Company
is registered under the Factories Act, 1948 for developing Thermal Power Plant. Parliament enacted Building
and Other Construction Workers (Regulation of Employment and Conditions of Service Act), 1996 (now
referred as BOCW Act, 1996). The BOCW Act, 1996 was enacted in order to collect Cess for the welfare of
Construction workers.
• The Company presently is constructing the plant in order to start the thermal production. Various notices are
issued to the company in order to collect cess under the Act of 1996. Both factories act and 1996 Act are
Welfare Legislations. Cess is collected for welfare of construction workers.
• Section 2(d) of the BOCW Act defines 'building or other construction work' specifically states that it does not
include any building or construction work to which the provision of the Factories Act, 1948.
• The company argues that as it is registered under Factories Act, Section 2(d) Applies, and therefore, they are
not required to pay cess.

Hence, in light of above facts, answer the following questions: (6 Marks)

a) Whether in the present case, Thermax Constructions Ltd. can be considered to be a factory considering
the definition of factory and manufacturing process under Factories Act, 1948.
b) Whether Construction workers can be said to be covered under the ambit of Factories Act.
c) Whether the company can be exempted from paying cess under BOCW Act, 1996.
Explain and analyze the relevant provisions of Factories Act, to answer the questions.