Which among the following cases will be treated as 'manufacturing process' as per the Factories Act, 1948. Your answer should be with the appropriate reasoning. Case I: Sarita opened a start-up of cloud kitchen. The nece

Answer 3(a) Case I In accordance with section 2(k)(i) of the Factories Act, 1948, 'manufacturing process' means making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing, or otherwise treating or adapting any article or substance with a view to its use, sale, transport, delivery or disposal. Preparation of food with aid of various electrical appliances in kitchen of a hotel is a manufacturing process, as decided in the case of "Poona Industrial Hotel v. I.C. Sarin, 1980, Lab IC 100. In New Taj Mahal Cafe Ltd., Mangalore v. Inspector of Factories, Mangalore, 1956 1 LLJ 273 the preparation of foodstuffs and other eatable in the kitchen of a restaurant and use of a refrigerator for treating or adapting any article with a view to its sale were also held to be manufacturing process. The Hon'ble Supreme Court in G.L. Hotels Limited and Ors. Vs. T.C. Sarin and Anr. (1993) 4 SCC 363 it was held that since the manufacturing process in the form of cooking and preparing food is carried on in the kitchen and the kitchen is a part of the hotel or a part of the precinct of the hotel, the entire hotel falls within the purview of the definition of 'factory'. Thus, the preparation of the food items shall be treated as manufacturing process.