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Showing contexts for: factory defined in Hindu Jea Band, Jaipur vs Regional Director, Employees' ... on 20 February, 1987Matching Fragments
We do not find much substance in the second contention too. The fact that the services are rendered by the employ- ees engaged by the petitioner intermittently or during marriages does not entitle the petitioner to claim any exemption from the operation of the Act. The petitioner cannot rely on sub-section (4) of section 1 of the Act which refers to factories only in support of its case. We are concerned in this case with a shop and not a factory as defined under section 2(12) of the Act. Moreover the services of the employees of the petition- er are not confined only to marriages. It cannot also be said that marriages take place only during a specified part of the year. Nowa-days marriages take place throughout the year. The petitioner provides music at several other social functions also which may take place 'during all seasons. The definition of an 'employee' under the Act has a wider mean- ing. The employees who worked outside the business premises but those whose duties are connected with the business are also 'employees' within the meaning of section 2(9)(i) of the Act. (see Nagpur Electric Light & Power Co. Ltd. v. Regional Director Employees State Insurance Corporation Etc.), [1967] 3 S.C.R. 92. Even those employees who are paid daily wages or those who are part-time employees are employ- ees for purposes of the Act. Hence we do not find any merit in this special Leave Petition. The petition, therefore, fails and it is dismissed.