Amitava Lala, J.
1. 1. The whole question before this Court is that whether a brick field controlled under the West Bengal Minor Minerals Rules, 1973 is a factory as per the definition of Section 2(m) of the Factories Act, 1948 or not. The contention of the learned counsel appearing for the petitioner is that the brick fields are being run for a particular season in a year, i. e., from November to April but there is no such operation work from May to October of the year concerned. In such case, such seasonal operation of brick field cannot be construed as factory under the Factories Act, 1948. Therefore, no notice etc. by the Government under Section 6 and/or Section 7 of the Factories Act, 1948 be applicable. According to him, mines and minerals are being totally controlled by the West Bengal Minor Minerals Rules, 1973 which was already declared as intra vires by the Supreme Court in Quarry Owners' Association v. State of Bihar & Ors. : AIR2000SC2870 and for the same it has a wide impact in respect of operation of the mines. It gives authority to a particular officer of the State for due consideration of matter of grant of licence for the purpose of running the unit. This is an exhaustive one and operates as an independent code. Now-a-days even the question about pollution control etc. are to be considered by the authority for the purpose of running the unit. Therefore, when for the purpose of operation of a brick field, all the measures under the West Bengal Minor Minerals Rules, 1973 are to be taken by the Government, there is no scope of a parallel proceeding before an authority under the Factories Act, 1948. In such case, the Rules governing the particular field, i.e., West Bengal Minor Minerals Rules, 1973 will prevail.
2. From the definition of the factory under Section 2(m) I find that if ten or more workers are working on any day of the preceding twelve months or at a situation 20 or more workers in the similar way, such manufacturing unit will be construed as factory. In common parlance it has to be so. If we remember our old studies, we shall come to know that even seasonal operation for making salt from the sea water is to be construed as factory whereas a big mine operation cannot be construed as a factory. This has to be construed irrespective of application of Industrial Disputes Act, 1947. But in the present case, there is an exception. It appears from the definition of 'factory' under the Factories Act that it does not include a mine subject to the operation of the Mines Act, 1952 etc. Therefore, it is obvious to look into the applicability of such principle in a case of mines or minerals. Upon going through the West Bengal Minor Minerals Rules, 1973, I find that the same is a child of the Mines and Minerals (Regulation & Development) Act, 1957. Section 3(e) gives a definition of 'mines or minerals' which is as follows:
'Minor minerals' means building stones, gravel, ordinary clay, ordinary and other than sand used for prescribed purposes, and, any other mineral which the Central Government may, by notification in the Official Gazette, declare to be a minor mineral.
Similarly, if I see Section 3(i), the definition is as follows:
'the expressions, 'mine' and 'owner', have the meanings assigned to them in the Mines Act, 1952.'
3. Therefore, when the operation of brick field is of the nature of minor minerals and an expression 'mine' have the same meaning assigned under the Mines Act, 1952, it has to be excluded from the operation of the Factories Act, 1948. Therefore, I do not find any reason for issuance of any notice of Section 6 or 7 for running the brick field under the Factories Act, 1948 presently unless, of course, any amendment is made in future. Therefore, the writ petition succeeds. The Criminal Case being No. C 565 of 1989 stands quashed following the ratio of Bhajanlal v. State of Haryana case reported in : 1992CriLJ527 subject to making formal application before the concerned criminal Court, i.e., Sub-Divisional Judicial Magistrate, Barrackpore, 24-Parganas (North).
4. Thus, the writ petition stands disposed of. There will be no order as to costs.
5. Let urgent Xeroxed certified copies of this order, if applied for, be given to the learned counsel for the petitioner within 2 weeks from the date of putting the requisites. Writ allowed.