Held, the fact the work of the contractor is away from the establishment does not make it out of "work of any establishment" in S. 2(1)(c)-Construction of building for the principal employer at a new place is "work of that establishment"-Expression ."work of an establishment "used in the definition of workmen" or "Contractor" is not the same as the expression "other work in any establishment" in S. 10-Workman need not be doing same as or incidental to that' of principal employer. Gammon India Ltd. v. Union of India, 1974 SCC (L & S) 252.

The word 'Occupier' has been defined in Section 2(n) of the Factories Act; 1948 as under: "Occupier" of a factory means the person who has ultimate control over the affairs of the factory, and where the said affairs are entrusted to a managing agent, such agent shall be deemed to be the occupier of the factory.

S.2(1)(e)(ii). A ship anchored or berthed in a port would be a work site and the workmen employed for loading and unloading of the cargo, security, repairs to the ship would be all in connection with the business or trade. The Docks in which a ship may be berthed is controlled by the Port Authorities and the ship owners' agents would be unable to provide facilities for canteens, rest rooms etc. But these defects cannot be ground for totally excluding a ship in a port from the ambit of "establishment". Lionel Edwards Ltd. v, Labour Enforcement Officer, (1978) 53 FJR 116 (Cal DB).

S.2(1)(e)(ii)-Any object for the time being covering the surface and where industry, trade, business, manufacture or occupation is carried on would be a place under

S.2 (1)(e)(ii)-A ship or vessel in which repair work is carried on is a place and an "establishment" within the meaning of S. 2 (1) (e) (ii). The work site or place may or may not belong to the principal employer, but that will not stand in the way of application of the Act or in holding that a particular place or work site where industry, trade, business, manufacture or occupation is carried on is not an establishment. Lionel Edwards Led. v. Labour Enforcement Officer, (1977) 51 FJR 199 (Cal).

S. 2 (2) (C)-Sub-contractors or 'piece wagers', are ‘contractors‘. Labourers Working on Salal Hydro Project v. State of J & K, (1983)/2 SCG 181.

S.2 (1)(c)-'Contractor' is one who supplies contract labour to an establishment undertaking to produce a given result for it. He hires labour in connection with the work of an establishment. State of Gujarat v. Vogue Garments, (1983) 1 LLJ 255: 1983 Lab IC 129 (Guj HC).

Ss. 2(1)(c) & 12-Where a person undertook to collect and manufacture quarry products for and on behalf of railways by engaging workmen to carry out his contract works under the railway establishment, the workmen employed by him form such work are to be deemed as "contract labour" as provided under S.2(1)(b). The supply of such quarry products would produce a given result for the establishment., thus he fulfils all requirements of a "contractor" under S. 2 (1)(c) and therefore, is obliged to take licence under S. 12(1). H.C. Bathra v. Union of India, 1976 Lab IC 1199 (Gauhati).

S.2 (1)(c)-Contractor engaged for construction of building is covered by S. 2(c).Gammon India Ltd. v. Union of India, (1974) 1 SCC 596: 1971 SCC (L & S) 252.