Factory law coverage turned on factory-premises work; field workers handling sugarcane supply remained commercial establishment employees.

Field workers engaged outside a sugar factory in guiding, supervising and controlling sugarcane supply were treated as employees of a commercial establishment under the United Provinces Shop and Commercial Establishment Act, 1947. Applying Section 8 of the General Clauses Act, the reference to the earlier factories law was read as a reference to the Factories Act, 1948. Because a "worker" under the Factories Act is one employed in, or connected with, a manufacturing process within factory , those working outside the factory premises for raw material supply did not fall within that Act. They therefore remained within the commercial establishment definition and were not excluded.

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Issues: Whether field workers employed by a sugar factory to guide, supervise and control the growth and supply of sugarcane are employees of a commercial establishment within the meaning of the United Provinces Shop and Commercial Establishment Act, 1947, and whether they are excluded because they are workers under the Factories Act, 1948.

Analysis: The definition of commercial establishment in the United Provinces Shop and Commercial Establishment Act, 1947 included the clerical and other establishments of a factory to which the Factories Act did not apply. By reason of Section 8 of the General Clauses Act, 1897, the reference to the earlier Factories Act had to be read as a reference to the Factories Act, 1948. Under Section 2(1) read with Section 2(m) of the Factories Act, 1948, a worker is one employed in or connected with manufacturing process within the factory premises. Field workers engaged in guiding, supervising and controlling sugarcane supply outside the factory premises were not employed in the factory and did not fall within the Factories Act. They therefore remained within the scope of the commercial establishment definition.

Conclusion: The field workers were employees of a commercial establishment and were not excluded by the Factories Act, 1948.

Ratio Decidendi: Employees engaged outside the factory premises in work connected with the supply of raw material for manufacture are not workers under the Factories Act, 1948 and fall within the relevant commercial establishment definition if that Act excludes only establishments to which the Factories Act applies.

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