Explanation:

Lal Bavta Hotel Aur Bakery Mazdoor vs Ritz Private Limited, A Company on  15 February, 2007.The definition of the expression “factory” specifically provides that it shall not include a hotel, restaurant or eating place. The submission of counsel appearing for the Appellant is that sub clause (i) of clause (m) is attracted since more than ten workers have been working in the precincts of the establishment and a manufacturing process within the meaning of Section 2(k) is carried out. This submission would not advance the case of the Appellant any further for the simple reason that the statutory definition of the expression “factory” provides firstly what the definition means and secondly what it does not include. Once a hotel, restaurant or eating place is deemed by the statute as not to be included within the definition of the expression “factory”, such an establishment shall stand excluded from the definition. In these circumstances, the Learned Single Judge was not in error in coming to the conclusion that the establishment of Ritz Hotel being a hotel would not fall for classification as a factory under Section 2(m) of the Factories Act, 1948 and as a result would not be an industrial establishment for the purposes of Chapter VB of the Industrial Disputes Act, 1947.