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We proceed now to consider what should be the proper tests in determining what is meant by " one establishment ".

Learned counsel for the respondent has suggested that the test has been laid down by the Legislature itself in the Explanation to s. 25A of the Act. That Explanation states:-

" In this section and in sections 25C, 25D and 25E, "industrial establishment " means-
(i) a factory as defined in clause (m) of section 2 of the Factories Act, 1948; or
(ii) a mine as defined in clause (j) of section 2 of the Mines Act, 1952; or

establishment " in s. 25E has reference to an industrial establishment. On the footing that the word " establishment " in s. 25E means an industrial establishment, what then is the effect of the Explanation ? The contention of the respondent is that an industrial establishment may be either a factory as defined in clause (m) of s. 2. of the Factories Act, 1948, or a mine as defined in cl. (j) of s. 2 of the Mines Act, 1952, or a plantation as defined in cl. (f) of s. 2 of the Plantations Labour Act, 1951; but it cannot be a combination of any two of the aforesaid categories; therefore, a factory and a mine together, as in the present case, cannot form one establishment. This argument proceeds on the assumption that the Explanation while stating what undertakings or enterprises come within the expression "

industrial establishment " necessarily lays down the test of 'one establishment' also. We do not think that there is any warrant for this assumption. The Explanation only gives the meaning of the expression " industrial establishment " for certain sections of the Act; it does not purport to lay down any test as to what constitutes one ' establishment'. Let us take, for example, a factory which has different departments in which manufacturing processes are carried on with the aid of power. Each department, if it employs ten or more workmen, is a factory within the meaning of cl. (m) of s. 2 of the Factories Act, 1948; so is the entire factory where 1,000 workmen may be employed. The Explanation merely states that an undertaking of the nature of a factory as defined in cl. (m) of s. 2 of the Factories Act, 1948, is an industrial establishment. It has no bearing on the question if in the example taken, the factory as a whole or each department thereof should be treated as one establishment. That question must be determined on other considerations, because the Explanation does not deal with the question of one establishment. In our view, the true scope and effect of the Explanation is that it explains what categories, factory, mine or plantation, come within the meaning of the expression " industrial establishment " ; it does not deal with the question as to what constitutes one establishment and lays down no tests for determining that question. We cannot, therefore, accept the argument of learned counsel for the respondent that a factory and a mine, a mine which supplies the raw material to the factory, can never be one establishment under the Act; that we do not think is the effect of the Explanation to s. 25A.