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11.5. In the present case, the petitioner being involved in manufacturing of hazardous material coming within the ambit and purview of Section 2(cb) of the Factories Act, this aspect has also not been considered by the Certifying Authority inasmuch as, such manufacturing activities could be harmful and hazardous for people over the age of 58 years and as such, the Certifying Authority ought not to have increased the age of retirement from 58 years to 60 years with a further option upto 62 years.

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19. Answer to Point No.3: For an establishment to claim itself to be hazardous, would there be a requirement for registration under the Factories Act, 1948 as an hazardous industry?

19.1. Sub-Section (cb) of Section 2 of the Factories Act 1948 describes 'hazardous process' as under:-

[(cb) "hazardous process" means any process or activity in relation to an industry specified in the First Schedule where, unless special care is taken, raw materials used therein or the intermediate or finished products, bye-products, wastes or effluents thereof would--

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it the requirements of those provisions mandatory.

19.3. The hazardous process dealt by Factories Act, 1948 are more in the nature of the equipment and/or the material used. Ofcourse, there could be separate Standing Orders insofar as industrial establishment dealing with hazardous process. However, in respect of any industrial establishment more so as regards the determination of age of retirement, it is not as much as the manufacturing process being hazardous but it is the process being incapable of being done by the workman of a particular age, which is required to be determined.

19.4. Thus, what is required to be determined is not whether the process of manufacture per se is hazardous but as to whether the process of manufacture is hazardous for a workman of a particular age group. Therefore, in my

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considered opinion obviously in the event of an industry being designated as hazardous under the Factories Act, the same would be considered to be hazardous. However, in respect of the aspect of determining of age of retirement, it would be required that the process of manufacture be determined as hazardous or not on the basis of age of the workman after visiting the industrial establishment and ascertaining the process of manufacturing.