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J.K. Industries Ltd. and ors. Vs. Chief Inspector of Factories and Boi ...

Court : Supreme Court of India

Subject : Labour and Industrial

Acts : Factories Act, 1948 - Sections 2; Factories (Amendment) Act, 1987 - Sections 2, 4, 6(1), 7, 7A, 37, 92, 100(2), 101, 104A and 106A; General Clauses Act - Sections 3(42); Factories Act, 1934; Companies Act, 1956 - Sections 291; Factories (Amendment) Act, 1976 - Sections 100; Constitution of India - Articles 14, 19(1), 19(6) and 21

Reported in : 1996VIIAD(SC)125; [1997]88CompCas285(SC); [1996(74)FLR2608]; JT1996(9)SC27; (1997)ILLJ722SC; 1996(7)SCALE247; (1996)6SCC665; [1996]Supp6SCR798

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 … in 1987 which inter alia amended Section 2(n), deleted Section 100 and incorporated Sections 7 7A, Chapter IV-A, Section 104A and Section 106A, besides certain other provisions.15. Prior to 1987, Section 2(n) of the Act which defined 'occupier

C.S. Tiwari Vs. State of Chhattisgarh

Court : Chhattisgarh

Subject : Service Tax

Inspector of Factories while filing the two charge-sheets alleging commission of offence punishable under Section 92 of the Factories Act, 1948 (henceforth ‘the Act, 1948) for contravention of the provisions of Sections 7A(2)(d), 7A(1) and 7A(2)(a) of the Act, … been supported by P.R. Sonvanshi, who was the Crane-Operator in the Continuous Casting Shop of the Plant. 8. Section 104A of the Act, 1948 provides as to onus of proving limits of what is practicable, etc., as under: