G.L. HOTELS LTD. ETC. versus T.C. SARIN AND ANR.

G.L. HOTELS LTD. ETC. versus T.C. SARIN AND ANR.

A hotel where food is cooked or prepared in its kitchen, which is an integral part of the hotel business, falls within the definition of 'factory' under Section 2(12) of the Employees' State Insurance Act, 1948. The kitchen process has sufficient connection with the activities in the rest of the premises. Definitions in social welfare legislations are intentionally broad to extend coverage and should not be limited by the usual meaning of words. Moreover, writ petitions under Article 32 are not maintainable where a special leave petition is already pending on the same issue.

Parties
Appellant: G.L. Hotels Ltd. etc.; Respondent: T.C. Sarin and Anr.
Jurisdiction
India
Judgment Date
25 August 1993
Procedural Posture
Civil Appeals and Writ Petitions / Supreme Court Decision on Appeals From Bombay High Court and on Writ Petitions Under Article 32
Outcome
Appeals dismissed; writ petitions dismissed as non-maintainable; one civil appeal permitted to be withdrawn.
Legal Topics
Employees' State Insurance, Definition of 'factory', Scope of Social Welfare Legislation Interpretation
Labour Law Constitutional Law Employees' State Insurance Definition of 'factory' Scope of Social Welfare Legislation Interpretation

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Parties

G.L. Hotels Ltd. etc.

Appellant

T.C. Sarin and Anr.

Respondent

Procedural Posture

Civil Appeals and Writ Petitions / Supreme Court Decision on Appeals From Bombay High Court and on Writ Petitions Under Article 32

Legal Issues

  1. 1 Whether a hotel where cooking and food preparation is carried on in the kitchen falls within the definition of 'factory' under Section 2(12) of the Employees' State Insurance Act, 1948, for the relevant period prior to its notification as 'establishment'.
  2. 2 Whether writ petitions under Article 32 are maintainable against the same High Court judgment already challenged by special leave petition in the Supreme Court.

Ratio Decidendi

A hotel where food is cooked or prepared in its kitchen, which is an integral part of the hotel business, falls within the definition of 'factory' under Section 2(12) of the Employees' State Insurance Act, 1948. The kitchen process has sufficient connection with the activities in the rest of the premises. Definitions in social welfare legislations are intentionally broad to extend coverage and should not be limited by the usual meaning of words. Moreover, writ petitions under Article 32 are not maintainable where a special leave petition is already pending on the same issue.

Court Disposition

Appeals dismissed; writ petitions dismissed as non-maintainable; one civil appeal permitted to be withdrawn.

Orders

  • Appeals dismissed with costs.
  • Writ petitions dismissed as being non-maintainable with costs.