Stereocraft Vs. Monotype India Ltd., Vohra House, New Delhi

- employees state insurance act (34 of 1948) section 1(4): [markandey katju & h.l.dattu] applicability of act - appellant, a proprietorship concern and is engaged in the activity of making and selling coffee, tea and other beverages, and also sweets and savouries appellant had purchased a bottle cooler and also a coffee roaster - power is used for operating coffee roaster and bottle cooler - appellant had employed more than 10 employees - whether the establishment of the appellants is covered under the provisions of the employees state insurance act, 1948 - whether the use of lpg gas is use of power as defined under the ac t- held, yes. appellants prepare sweets, savouries and other beverages in their establishments. it is settled position of law that cooking and preparing food items qualifies as manufacturing process. there is manufacturing process involved in the establishment of the appellants. lpg satisfies the definition of power as it is mechanically transmitted and is not something generated by human or animal agency. since the establishment of the appellants involves a manufacturing process with the aid of lpg gas, which can now be termed as power, the establishment of the appellants can be termed as factories, and therefore, the esi act will apply to these establishments. the text below is only a summarized version of the order pronouncedappellant filed claim petition on account of supply of defective goods after using machinery for three years. claim dismissed by national commission on ground that printing business does not come within term consumer. supreme court held that appellant cannot be treated as consumer and cannot legally claim compensation or replacement after using machinery for three years.