Key Definitions under the OSH Code — Labour Law II Notes

Key Definitions under the OSH Code

Half the marks in this unit are won or lost on a single question: is this place a “factory”, and is this person a “worker”? Every problem — the gate guard, the child, the creche — turns on a definition. Learn the definitions and the problems almost solve themselves.

The gateway definitions (Section 2)

Establishment — a place where any industry, trade, business, manufacture or occupation is carried on (including a factory, motor-transport undertaking, building work, mine or plantation) employing the notified number of workers.
Factory — premises where manufacturing process is carried on with the aid of power and 10 or more workers, or without power and 20 or more workers (excluding a mine and a mobile unit of the armed forces).
Manufacturing process — read widely: making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up or demolishing any article, or generating/transforming power, etc. Almost any processing counts.
Worker / Employee — a person employed to do manual, unskilled, skilled, technical, operational, clerical or supervisory work for wages. A watchman or gate security guard is a worker/employee — nothing in the definition excludes security work.
Occupier — the person who has ultimate control over the affairs of the factory (in a company, a director; the definition fixes who is legally responsible).
Contractor / Contract labour — a contractor supplies workers for, or produces a result in, the establishment; contract labour is hired through him (taught in Unit V).
Adolescent — a person who has completed 14 but not 18 years (the OSH Code adopts the Child and Adolescent Labour Act meaning); adult — 18 or above. (A child under 14 cannot be employed at all.)
Audio-visual worker, building/construction worker, family, and appropriate Government are also defined for the Code’s special provisions.

Section 2, OSH Code 2020 (factory, in brief): “‘factory’ means any premises … whereon ten or more workers are working … and in any part of which a manufacturing process is being carried on with the aid of power … or twenty or more workers … without the aid of power …”

In Simple Terms: A factory is a workplace doing a manufacturing process with 10 (power) / 20 (no power) workers. Manufacturing process is almost any handling of goods. A worker is anyone doing work for wages — including a gate guard. The occupier is whoever ultimately controls the place.

🧩 WORKED EXAMPLE — is the gate guard a “worker”?

Facts. ‘A’ is employed on wages as a security inspector at the factory gate.

Rule. A “worker” is a person employed for wages to do any work — manual, supervisory or otherwise — with no exclusion for security duty.

Apply. A guards the establishment for wages under the employer’s control; he fits the definition.

Conclusion. A is a worker/employee and is covered by the Code’s protections.

flowchart TD
    ROOT["OSH definitions"]:::root
    ROOT --> FAC["Factory: mfg process + 10 (power)/20 (no power) workers"]:::leaf
    ROOT --> MP["Manufacturing process: making/altering/packing/etc (wide)"]:::leaf
    ROOT --> W["Worker/Employee: any work for wages (incl. guard)"]:::leaf
    ROOT --> OCC["Occupier: ultimate control"]:::leaf
    ROOT --> AGE["Child <14 barred; Adolescent 14-18; Adult 18+"]:::leaf
    classDef root fill:#FFF8DC,stroke:#000,stroke-width:1px,color:#000;
    classDef leaf fill:#E6F3FF,stroke:#1E3A8A,color:#000;
    linkStyle default stroke:#888,stroke-width:1px;

Case Laws

Ardeshir H. Bhiwandiwala v State of Bombay (1962) — “factory” and “manufacturing process” are given a wide, purposive meaning (salt works held a factory).
J.K. Industries Ltd v Chief Inspector of Factories (1996) — the “occupier” of a factory is the person in ultimate control; in a company, a director must be named as occupier.

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