Court : Supreme Court of India
Reported in : AIR1996SC662; JT1995(9)SC654; 1996LabIC591; (1996)IIILLJ336SC; 1995(3)SCALE723; (1995)4SCC478; Supp1SCR474; 1995(3)SLJ148(SC)
..... not advance the matter, because a local limit has to be prescribed, in view of what has been stated about the powers of an inspector in section 9 of the factories act. what would be clinching in this regard is the actual duties and functions to be discharges by the each of the two wings. on this aspect of the matter, the ..... to be made available to the inspectors of both the wings on the principle of 'equal pay for equal works'.8. as to the reliance on section 8 of the factories act, we would observe that the same does not advance the case of the respondents inasmuch as a perusal of the same shows that even a district magistrate is an ex ..... of inspectors. shri satish chandra, appearing for the respondents has advanced four submissions to support the impugned judgment. he first contends that section 8 of the factories act knows of one post of inspector of factories and there cannot be any sub-classification of that post. the learned counsel's second submission is that the state government itself having resolved to change the ..... to advertisement no. 34/86 which had appeared in the ananda bazar patrika mentioning about four temporary vacancies in the posts of inspector of factories (chemical) mentioning their duties as 'to inspect factories, organise and administer the provision of factories act and rules relating to safety, health, welfare, etc. and other labour laws'. our attention is then invited to the advertisement as appearing in .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 1997(2)ALT193
..... fee for any alleged services rendered or proposed to be rendered under other legislations other than the factories act, as the power is delegated under the factories act only.13. the fee cannot be levied under factories act for the purpose of services rendered under other acts.14. future proposed strengthening of the department and additional activities which are to be approved by ..... 7-1994 increasing the licence fee payable under rule 7(3) for obtaining licence and renewal of licence for the factories.2. the petitioners herein are the licencees of the factories in this state. they obtained licence under the factories act (the act), 1948 by paying requisite fee upto 1987. the maximum licence fee levied was rs. 10,000/- basing on ..... legislation. on the recommendations of the factories commission appointed by the government of india in 1890, the factories act xi of 1891 was passed. the factories act was amended in the year 1911, 1923, 1926 and 1931. the indian factories act was amended by the factories amendment acts 1935, 1937, 1940, 1941,1944, 1945, 1946 and 1947. thereafter act lxiii of 1948 was enacted, which ..... place to look into the scope and objects of the act.4. the factories act lxiii of 1948 (the act) is a pre-constitutional enactment covering all the aspects regarding the factories. the indian factories act xv of 1881 did not contain suitable provisions for inspection and enforcement. with the growth of factory organisations there was a demand for a stricter piece of .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 1999(6)ALD550
..... supreme court in such a situation was persuaded to interpret the definition of 'workman' found under section 2(1) read with section 46 of the factories act, and the apex court held that though the workmen in the case were the workmen working in a statutory canteen, and they ipso facto become ..... supra) and contended that the status of workmen of the statutory canteen, would establish a relationship of employer and employee, only for the purpose of factories act alone and not for all other purposes. from the reading of this judgment, it is clear that this case was dealing with the direction issued by ..... union of india, : 1scr687 , has laid down a law to this effect that, in terms of the rules framed under section 46 of the factories act, if the canteen is required to be maintained, such canteens would be statutory canteens. in this judgment, the hon'ble supreme court classified the canteens into ..... facility for the canteen and not a canteen and such an argument would only defeat the object of section 46 of the factories act. rule 65 of the a.p. factories rules cannot be understood in isolation and it has to be understood along with section 46. a rule being a delegated ..... contention of the learned counsel for thepetitioners that the canteens maintained by the petitioners in terms of section 46 of the factories act read with rule 65 of tile a.p. factories rules are not the statutory canteens, cannot be accepted. thus if the canteens maintained by the petitioners are statutory canteens, .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1963SC1591; [1963(6)FLR348]; (1963)ILLJ270SC; 1SCR860
..... of nasik, poona and ahmednagar in the state of maharashtra. a largemajority of these establishments are borne on the registar of factoriesmaintained by the chief inspector of factories under the factories act, 63 of1948. craftsmen called rollers, attend these establishments and prepare bidis,using materials supplied by the company. the establishments remain open during specifiedhours but the ..... provisions made for thebenefit of 'deemed workers' cannot therefore be regarded as not reasonablewithin the meaning of art. 19(1)(g) of the constitution.17. the factories act primarily applies to establishments in which ten ormore persons are working where power is used and twenty or more persons whereno power is used, thereby excluding from its ..... is howevernow recognised that the state has a vital concern in preventing exploitation oflabour and in insisting upon proper safeguards for the health and safety of theworkers. the factories act undoubtedly imposes numerous restrictions upon theemployers to secure to the workers adequate safeguards for their health andphysical well-being. but imposition of such restrictions is not and ..... denying to the bidi rollers benefit ofweekly holidays and wages in lieu of holidays previously accorded to them andeven denied access to the inspectors appointed under the factories act to theirestablishments. there are in the state of maharashtra more than 35000 bidirollers borne on the pay rolls of bidi-making establishments on the registermaintained by the .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 1996VIIAD(SC)125; 88CompCas285(SC); [1996(74)FLR2608]; JT1996(9)SC27; (1997)ILLJ722SC; 1996(7)SCALE247; (1996)6SCC665; Supp6SCR798
..... of facts as are contemplated by clauses (a) and (b) of section 101.54. the provisions of section 101 are almost identical to the provisions of section 71 of the factories act prior to its amendment, with the difference that under section 101, a provision for 3 days advance notice to the prosecutor has been added. under section 101, after a complaint ..... other words it is open to a company to nominate a person other than a director of the company as an 'occupier' of the company for the purpose of the factories act.26. the above order, was concerned with the provisions of section 2(n) as they stood prior to the 1987 amendment, whereunder there was an option available to the company ..... issue in all these cases. the petitioners/appellants have also called in question the constitutional validity of proviso (ii) to section 2(n) of the factories act, 1948 (hereinafter referred to as 'the act') as amended by act 20 of 1987, as violative of articles 14 19(1)(g) and 21 of the constitution of india.3. the basic question which requires our consideration ..... called a 'passing on' defence. the most important examples are in the shops act 1950 (s. 71), the food and drugs act, 1955 (s. 113), the medicines act 1968 (s. 121) (this act replacing the provisions of the 1955 act with regard to drugs), the weights and measures act 1963 (s. 27), and the factories act 1961 (s. 161).53. the 'passing on' defence provided in section 101 .....Tag this Judgment!
Court : Chennai
Reported in : (2001)IILLJ843Mad
..... among the individual and group of people to secure adequate means of livelihood which is the foundation for stability of political democracy.'50. hacking back to the provisions of the factories act, 1948, in chapter vi, provisions have been made with respect to the regulation of working hours of adults. section 51 prescribes that no adult worker shall be required ..... now recognised that the state has a vital concern in preventing exploitation of labour and in insisting upon proper safeguards for the health and safety of the workers. the factories act undoubtedly imposes numerous restrictions upon the employers to secure to the workers adequate safeguards for their health and physical well being. but imposition of such restrictions is not and ..... women workers and represented their grievances before the various commissions. it is also claimed that it is interested in protecting the existing rights given to women workers under the factories act. it is contended that the writ petition is misconceived and not maintainable in law. the prohibition made in the impugned provision is valid and constitutional and it is based ..... is a signatory, the government has to give effect to the international instrument by suitable provisions in national laws. section 66(1)(b) and section 66(2) of the factories act, 1948 cannot be construed as discriminatory, unreasonable and unconstitutional or violative of articles 14 and 15 of the constitution.21. it is contended that there is no significant improvement .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1964Bom267; (1964)66BOMLR341; 1964CriLJ644; [1964(9)FLR27]
..... . it is relevant to consider whether by introducing this innovation, the legislature wanted to bring about a radical change in the concept if liability under the factories act. the background referred to above, the context in which the word 'owner' is used in clause (ii) of the non obstinate clause, and the ..... up of the business is a mere camouflage and that the accused had resorted to a subterfuge in order to evade the beneficent provisions of the factories act. in this behalf, our attention has been drawn by the learned counsel for the state to a few circumstances, principal amongst which is the circumstance ..... the accused. 9. after this appeal was admitted, notice was directed to issue to the attorney general as the constitutionality of section 85 of the factories act was challenged on behalf of the appellant on the ground that it offended against the provisions of article 14 of the constitution of india. the ..... with the workers who are engaged in the manufacturing process, cannot be said to be an 'owner' as contemplated by section 85(2) of the factories act. the appeal will, therefore, be allowed and the order of conviction and sentence will be set aside. fine, if paid, shall be refunded to the ..... to decide on these facts is whether the accused is 'an owner' with-in the meaning of section 85(2) of the factories act, 1948, hereinafter referred to as the act. if he is an owner as contended by the state, he would undoubtedly beunder an obligation to apply for a licence under .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1955Bom161; (1954)56BOMLR1172; 1955CriLJ666; ILR1955Bom192; (1956)IILLJ153Bom
..... , and in construing the words used in rule 4 it would be open to us to bear in mind this object. in regard to remedial and beneficent (legislation like the factories act, what is sometimes described as the equitable construction of the statute is permissible and it would be our duty to adopt such construction of the statute as shall suppress the ..... his notice by the accused that one of his pleas was that the prosecution in both the cases was barred by limitation under the provisions of section 106 of the factories act. the learned chief presidency magistrate was disposed to accept this plea and so he has held in both the cases that the prosecution is barred by limitation.- in the result ..... for running it are in a sense the most important, if not the crucial, provisions of the factories act. the competent authorities empowered under this act can supervise the working of the factories only after the factories are registered and licences obtained by the occupiers of the factories for running them.in our opinion, it would be impossible to accede to the argument that the failure ..... the respondent. in both the cases the respondent was charged under section 92 of the factories act (act lxiii of 1948). the respondent is the occupier of wadia mahal salt works, which, according to the prosecution case, is a factory as defined under section 2(m) of the factories act. this factory is situated near koliwada, sion, bombay 22.in the case from which criminal appeal no .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1955Bom209; (1955)57BOMLR135; 1955CriLJ932; ILR1955Bom624; (1955)IILLJ182Bom
..... punishment under section 92.12. the learned magistrate, mr. k. n. parikh, also acquitted the accused, holding that the karim bidi factory was not a factory as contemplated by the factories act, 1948.13. the state, feeling aggrieved by the orders of acquittal in these cases, has come up in appeal.14. mr. ..... and had rendered himself liable to punishment under section 92, factories act, 1948. 8. the learned magistrate, mr. s. s. thakur, made an order of acquittal precisely on the same grounds on which the ..... any language, and by doing so the accused had contravened the provisions of, section 18(2), factories act, 1948, as subsequently amended. the complaint ended by reciting that the accused had thereby committed an offence under the said sections and the said rules ..... by not keeping sufficient amount of drinking water the accused had contravened the provisions of rule 35 read with section 18(4), factories act, 1948, as subsequently amended. it whs also alleged that the dunking water pot in the office was not marked as 'drinking water' in ..... store drinking water to the extent of 110gallons the accused, who was the manager, hadcontravened, the provisions of rule 37 read withsection 18(4), factories act, 1948, as subsequentlyamended.it was also alleged that the total amount of drinking water available at the time was only 13 1/2 gallons and .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1956Bom219; (1956)58BOMLR66; 1956CriLJ488; ILR1956Bom321; (1956)IILLJ26Bom
..... interpretation put by eminent authorities upon the term 'premises' occurring in the various welfare legislations, we are of the view that the word 'premises' in clause (m) of section 2, factories act, 1948, means not only buildings, but includes lands as well. 17. proceeding next to the question of construction of clause (k) of section 2, the view which the learned chief ..... that the terms which came up for construction in this case were the terms 'premises' and 'precincts' occurring in section 2, sub-section (3), factories act, 1911, sub-section (3) of section 2, factories act, 1911, was in these words 'factory means any premises 'wherein' or 'within' the precincts of which, on any one day in the year not less than twenty persons are simultaneously ..... land, would not be immune from a tendency of making an unreasonable profit for himself by taking excessive work from the workers by refusing them holidays etc. while putting the factories act on the statute-book, the legislature must not have been unmindful of this human failing and, therefore, in our opinion, when the legislature used the word 'premises' in clause (m ..... salt works would be an impediment in the operations of producing salt. in short, in the view of the learned magistrate, the words 'premises' in clause (m) of section 2, factories act would mean only buildings or 'enclosures encircled by walls' and would not include open lands, like the lands upon which these salt works are situated. accordingly, he held that these .....Tag this Judgment!