When providing canteen is a statutory obligation under Factories Act, canteen workers will be employees of the factory management.
M/s. ICI India Ltd. vs. State of U.P. and Others. 2009 (123) FLR 996 (Alla. HC)
In the absence of proof of employment of 250 workmen, criminal case against employer for not
providing canteen under factories Act will not sustain.
State of Gujarat vs. Mulrajbhai G. Udeshi. 2010 LLR 148 (Guj. HC)
Manager can’t be prosecuted for death of a contractor worker when he was not an occupier under Factories Act. However, a worker engaged through the contractor in a factory will also be treated as a worker under the Factories Act.
Manager can’t be prosecuted for death of a contractor worker when he was not an occupier under Factories Act. However, a worker engaged through the contractor in a factory will also be treated as a worker under the Factories Act.
H Dutta @ Hiramanya Dutta vs. State of Jharkhand and Another. 2010 LLR 504 (Jharkhand HC)
Overtime payment to the workers, for working on holidays, would be tenable when there was sufficient proof in support of working beyond duty hours.
Ramkhilawan S/o Ramprasad Gupta (Since dead) by L.Rs., Madanlal R. Gupta and Others vs. Model Mills, Nagpur. 2010 LLR 574 (Bom. HC)
Workers working in hospital/ dispensary of India security press Nasik being in nature of incidental and connected with manufacturing process would be entitled to over time under provisions of Factories Act.
Union of India and Another vs. Arun Vithal Bonde and Others. 2010 (125) FLR 542 (Bom. HC)
Prosecution for violation of safety provisions under Factories Act casuing fatal accident can be done only under Factories Act and not under IPC.
Rabindra Agarwal vs. State of Jharkhand and Another. 2010 LLR 1058 (Jharkhand HC)
Canteen run under Factories Act will not be ‘eating house’ for the purpose of getting license under Mumbai Municipal Corporation Act.
Bharat Petroleum Corporation Ltd. & Anr. vs. State of Maharashtra & Ors. 2010 III CLR 635 (Bom. HC)
JHARKHAND HIGH COURT:
Water treatment plant in mining area and in relation to mine is not a 'factory'.
Central Coal Fields Ltd. vs. State of Bihar & Anr. LLJ IV 2009 P. 774 (Jharkhand HC)
Production of quality seeds with the involvement of human element will amount to manufacturing process and will be covered under Factories Act.
Lal Bahadur vs. State of Haryana & Ors. 2010 LLR 980 (Punjab & Haryana HC)
