VidhiSangh

Supreme Court of India · 02/03/2025

THE STATE OF GOA & ANR. versus NAMITA TRIPATHI

[2025] 3 S.C.R. 341 · 2025 INSC 306

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Summary

The High Court quashed the summoning order in a complaint under Section 92 of the Factories Act, 1948 against the proprietor of a laundry, holding that dry cleaning is not a 'manufacturing process' because no transformation into a new commercially distinct article results. The Court held that Section 2(k) of the Act expressly includes 'washing' and 'cleaning' of any article with a view to its use, delivery or disposal, that the transformation test belongs to the Central Excise Act and cannot be imported into this welfare statute, that the laundry employing more than nine workers with power was a 'factory' under Section 2(m), and restored the complaint and summoning order.

Issues

  1. Whether the business of washing, cleaning and dry cleaning clothes amounts to a 'manufacturing process' within Section 2(k) of the Factories Act, 1948, so that the premises constitute a 'factory' under Section 2(m).
  2. Whether the requirement of 'transformation' into a new commercially distinct article, derived from the definition of 'manufacture' in the Central Excise Act, 1944, can be imported into the Factories Act.
  3. Whether the decisions in ESIC v. Triplex Dry Cleaners, rendered under the Employees' State Insurance Act before Section 2(14AA) was inserted, govern the meaning of 'manufacturing process' under the Factories Act.
  4. Whether the complaint should be remitted to the Magistrate because the order issuing process was cryptic.

Provisions considered

Held

Result

Appeal allowed. The High Court's order dated 06.09.2021 in Stamp Number Main No. 944 of 2020 (F) set aside; the complaint and the order dated 04.12.2019 issuing process restored to the file of the JMFC, Panaji, to be proceeded with in accordance with law.

Judgment PDF: Supreme Court of India, [2025] 3 S.C.R. 341.