I disagree, the factory as defined in facorty Act as under:-
) "factory" means any premises including the precincts thereof -
(i) whereon ten or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power,or is ordinarily so carried on, or
(ii) whereon twenty or more workers are working, or were working on any day of the preceding twelve months, and in part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on, -
but does not include a mine subject to the operation of 11[the Mines Act, 1952 (XXXV of 1952)] or 12[a mobile unit belonging to the armed forces of the Union, a railway running shed or a hotel restaurant or eating place];
13 14[Explanation I. - For computing the number of workers for the purposes of this clause all the workers in different relays] in a day shall be taken into account;]
[Explanation II].- For the purposes of this clause, the mere fact that an Electronic Data Processing Unit or a Computer Unit is installed in any premises or part thereof, shall not be construed to make it a factory if no manufacturing process is being carried on in such premises or part thereof ;]
and the manufacturing process is defined as below
(k) "manufacturing process" means any process for -
(i) making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing or otherwise treating or adopting any article or substance with a view to its use, sale, transport, delivery or disposal; or
5[(ii) pumping oil, water, sewage, or any other substance; or ]
(iii) generating, transforming or transmitting power; or
6(iv) composing types for printing, printing by letter press, lithography, photogravure or other similar process or book-binding ;7[or] (v) constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels ; [or]
8(vi) preserving or storing any article in cold storage;
Thus preparing of food and distributing the same falls within the abmit of manufacturing process under. The foor is prepared eith by electrical process or LPG gase, both terms come within the ambit of "Power", thus if it employs more then 10 employee, it is a factory under the Act.
I am attaching a judment to this effect.