Report No. 62
10.35. Item 3.-
Item 3 refers to persons employed for the purpose of making, altering, etc. any article in any premises where 20 or more persons are so employed. The Explanation to the article, (which was added in 1962), explains that persons employed outside the premises but in work incidental to or connected with the work relating to making, altering, etc. of the article, shall be deemed to be employed within such premises. The emphasis in this item is on the particular premises.1
To some extent, this item overlaps item 2, which applies to premises where a manufacturing process is carried out and power is used2. Of course, the idea in the Explanation which governs item 3 is to club together persons employed internally and persons employed externally so as to make up the requisite number of 20. This item need not be disturbed.
1. Firm G.D. Gian Chand v. Abdul Hamid, AIR 1938 Lah 855.
2. Para. 10.3, supra.