Court : Gujarat
Reported in : AIR1962Guj208; [1962(4)FLR498]; (1961)GLR705; (1964)0GLR470; (1962)IILLJ342Guj
..... so far as is relevant for our purposes, two principles seem to emerge from these authorities, (1) that though the obligation to safeguard is absolute under section 21(1)(iv) of the factories act, it is qualified by the test of foreseeability; and (2) that if protection is provided for by the employer by having a guard or-other, safeguards, if such safeguard is rendered nugatory by an unreasonable or perverted act on the part of the workman, even though such act is notdone with any criminal intention, there is no liability on the part of the employer.18. ..... , (1949) 2 kb 601, where the respondents were charged as occupiers of a factory for breach of section 14(1) of the factories act, 1937, on the footing that the worm of a macaroni extruding machine, was not securely fenced and that in consequence of such contravention, the girl working the machine suffered injury. ..... 17, page 74, where the propositions laid down in some of the leading cases on the corresponding section in the english factories act have been succinctly summarised. ..... the absolute nature of such an obligation on the occupier or the manager of a factory is also found in a corresponding section, section 14, of the english factories act. ..... ) he could still be held guilty of breach of section 21(1)(iv)(c) read with section 92 of the art (factories act --ed.). .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1967Guj148; 1967CriLJ879; (1967)ILLJ447Guj
..... prior to the enactment of the factories act, 1948, the law in force in regard to regulation of labour in factories was the factories act, 1934, but, as the statement of objects and reasons of the act of 1948 shows, there were various defects and weaknesses in the act of 1934 which hampered effective administration and the provisions of the act of 1934 regarding safety, health and welfare of workers were also found to be inadequate and unsatisfactory and it was, therefore, felt that in view of the large and growing ..... look at the corresponding section of the factories act, 1934, namely, s ..... 111, if any worker employed in a factory contravenes any provision of the act or any rules or orders made thereunder, imposing any duty or liability on workers, he shall be punishable with fine and sub-section (2) of that section says that where a worker is convicted of an offence punishable under sub-section (1), the occupier or manager of the factory shall not be deemed to be guilty of an offence in respect of that contravention, unless it is proved that be failed to take all reasonable measures for ..... 92 which provided for imposition of a sentence of fine on the occupier and manager of the factory for such offence, but his only complaint against the section was that it provided for imposition of a sentence of imprisonment and this, in his submission, made the ..... the factories act, 1948, in so far as it provides for imposition of a sentence of imprisonment for the offences set out in that section. .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)IILLJ1517Guj
..... (2) the provisions referred to in sub-section (1) are the provisions mentioned below: - (a) section 67 of the factories act, 1948; (b) section 40 of the mines act, 1952; (c) section 109 of the merchant shipping act, 1958; and (d) section 21 of the motor transport workers act, 1961.' 8. ..... 1), it is thereafter stated that though the offence under section 67 of the factories act, 1948 would be normally punishable under section 92 of the said act, the accused was punishable not under the provisions of section 92 of the factories act, 1948 but under section 15(1) read with section 15(2)(a) of the child labour (prohibition and regulation) act, 1986 as specified in section 14 of the said act. 3. ..... as can be seen, section 15(2)(a) deals with a situation wherein there is contravention of section 67 of the factories act, 1948; once offence under the said section of the factories act stands established the penalty has to follow as a natural corollary as prescribed under section 14(1) of the child labour (prohibition and regulation) act, 1986. 9. ..... on plain reading of provisions of sections 67 and 92 of the factories act, 1948 at first blush it would appear that for a default under section 67 of the said act the penalty has to be imposed as provided in section 92 of the said act, and normally that would be so. .....
Tag this Judgment!Court : Gujarat
Reported in : (1966)7GLR552
..... prior to the enactment of the factories act, 1948 the law in force in regard to regulation of labour in factories was the factories act, 1934, but, as the statement of objects and reasons of the act of 1948 shows, there were various defects and weaknesses in the act of 1934 which hampered effective administration and the provisions of the act of 1934 regarding safety, health and welfare of workers were also found to be inadequate and unsatisfactory and it was, therefore, that in view ..... section 92 of the factories act, 1948 in so far as it provides for imposition of a sentence of imprisonment for the offences set out in that section ..... at the corresponding section of the factories act, 1934, namely, sea 16, we find that that section provided only for ..... now it is clear from what we have stated above that it was common ground between the parties that section 92 is a perfectly valid piece of legislation in so far as it makes the occupier and manager of a factory guilty of an offence for contravention of any of the provisions of the act or the rules even though the actual contravention may not be by the occupier or the manager and the contravention may have occurred without the knowledge, ..... factory is governed by the provisions of the factories act, 1948 and in accordance with the provisions of section 2(n) of the act the first petitioner is the occupier of the factory and he has been mentioned as such in the notice sent to the chief inspector of factories under section 7 of the act .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1965Guj112; (1964)GLR705; (1965)ILLJ567Guj
..... the provisions of the bombay industrial relations act, 1946, to the extent to which they deal with leave with pay, are void, being repugnant to the factories act, 1948, and, therefore, the reference under ..... provisions of leave with wages in the factories act, 1948 operated as a bar to this reference ..... advanced by sri patwari was the one regarding the repugnancy of the provisions as to leave with wages in the bombay industrial relations act and those in the factories act, 1948. ..... the argument was that since the factories act and the bombay industrial relations act both have provisions with regard to leave, they cannot co-exist without a conflict arising between them and as the factories act is a central act and applies to all the factories in the country, it must prevail over the state law to the extent that the latter make provision on ..... -general or of his majesty, the provincial law shall in the province prevail unless the federal legislature may at any time enact further legislation with respect to the same matter under the proviso to sub-section (2), no bill or amendment for making any provision repugnant to any provincial law which has received the assent of the governor-general or his majesty can be introduced or moved in the central legislature without ..... schemes of the two acts clearly show that whereas the factories act was enacted to ensure the health and the basic conditions in which workers have to work such a provisions as to their health, safety, welfare, working hours, .....
Tag this Judgment!Court : Gujarat
Reported in : 1996CriLJ240; (1995)2GLR1878
..... the very short but-interesting question which has emerged in this group of 18 appeals under section 378 of the code of civil procedure, 1973 is, whether the respondent-original accused manager of the factory is liable for the offences punishable under section 92 of the factories act, 1948 ('act' for short for committing violation of the provisions of section 62(1)(a) of factories act and also the provisions of rules 95(1) and 110-a of the gujarat factories rules, 1963 (rules of 1963). 2. ..... according to the case of the complainant, the accused had committed violation of the provisions of section 62(1)(a) of the factories act, 1948 and rules 95(1) and 110-a of gujarat factories rules, 1963. ..... thus, the culpability of the accused for the violation of the provisions of section 62(1)(a) of the factories act and also the provisions of rule 95(1) and 110-a of rules of 1963 has not been established beyond reasonable doubt. ..... thus, in cases of violation of the provisions under the factories act or even in case of non-compliance of the order of the factory inspector for removal of deficiencies, the penalty could be imposed as per the provisions of section 92 of the act. 14. ..... he has also strongly relied on the evidence of the complainant and has contended that the prosecution has established that the accused had committed breaches of the provisions of section 62(1)(a) of the act and rules 95(1) and 110-a of the rules of 1963 which are punishable under section 92 of the factories act. 9. .....
Tag this Judgment!Court : Gujarat
Reported in : [1982(45)FLR332]; (1982)2GLR771; (1984)ILLJ99Guj
..... 7 of the factories act, 1948, then the person so named and the employer jointly and severally : (b) in industrial establishments, if there is a person responsible to the employer for the supervision and control of the industrial establishment, then the person so responsible and the employer jointly and severally; (c) upon railways (otherwise than in factories), if the employer is the railway administration and the railway administration has nominated a person in this behalf for the local area concerned, then the ..... , obligation or liability accrued or incurred before the undertaking was declared a relief undertaking and any remedy for the enforcement thereof shall be suspended and all proceedings relative thereto pending before any court, tribunal, officer or authority shall be stayed; (b) the rights, privilege, obligation or liability referred to in clause (a)(iv) shall on the notification ceasing to have force, revive and be enforceable and the proceedings referred to therein shall be continued; provided that in computing the ..... the legislature has deliberately used these words - court, tribunal officer or authority showing that it meant that any proceeding which would be before the authority under the wages act or even the industrial tribunal or workmen's compensation commissioner, shall have to be stayed if the provisions under s. ..... pandya) section officer labour and employment department. ..... pandya) section officer labour and employment department. .....
Tag this Judgment!Court : Gujarat
Reported in : (1974)15GLR451
..... , in any such capacity as is specified in schedule ii.clause (ii) of schedule ii states:the following persons are workmen within the meaning of section 2(1)(n) and subject to the provisions of that section, that is to say, and person who is:(ii) employed, otherwise than in a clerical capacity, in any premises wherein or within the precincts where a manufacturing process as defined in clause (k) of section 2 of the factories act, 1948 is being carried on, or in any kind of work whatsoever incidental to or connected with any such manufacturing process or with the article made ..... it may be noted that under section 46 of the factories act, 1948. ..... 2 to run a canteen for the use of its worker as provided in section 46 of the factories act and therefore, it would not be open to respondent no. ..... in the instant case, the claimant had come out with a clear case that under section 46 of the factories act and the rules made thereunder, respondent no. ..... zaveri urged that if the canteen is managed by a co-operative society, then it would not be within the control of the occupier in any case and the co-operative society would be liable to the officers concerned as provided in the bombay co-operative societies act, 1925. ..... the share allotted to the minor was deposited by the commissioner in the post office. .....
Tag this Judgment!Court : Gujarat
Reported in : (1996)2GLR272
..... 1 on july 20, 1984 against the respondent herein for the alleged offence punishable under section 21(1)(iv)(b) read with section 92 of the factories act, 1948, before the learned judicial magistrate, first class, jamnagar, whereupon summons came to be issued ..... distinction between the ordinary criminal jurisprudence covering the offences under the ordinary criminal law and the workmen welfare jurisprudence covering offences under the special labour laws and in particular the factories act, is required to be clearly understood by all the learned magistrates before they embark upon appreciating ..... when any accident or occurrence specified in the schedule takes place in a factory the manager of the factory shall forthwith send notice thereof by telephone, special messenger, or telegram to the inspector and if the accident is fatal or of such a serious nature that it is likely to prove fatal notice as aforesaid shall also be sent to - (a) the district magistrate or sub-divisional officer; and (b) the officer-in-charge of the nearest police station. ..... meet with such exigencies, ordinarily it is extremely desirable that summons as far as possible rather as a matter of practice, should be entrusted to the complainant or any other responsible officer from the office making him answerable for the service. ..... matter, it is indeed surprising as to what made the learned magistrate doubt the prosecution case for not examining the medical officer, giving benefit to the respondent on that count !! 21. .....
Tag this Judgment!Court : Gujarat
Reported in : (1984)1GLR51; (1984)IILLJ370Guj
..... the petitioner contends that the sub-stations, whether big or small, are not factories and therefore the provisions of the factories act, 1948 cannot apply to the sub-stations. ..... the facts of each individual sub-station of the petitioner in the light of what has been observed hereinabove and afford an opportunity of hearing to the petitioner before requiring it to get all or any of the sub-stations registered as a 'factory' under the provisions of the factories act, 1948. ..... 2(m)(i) of the factories act, 1948 and so would require registration under the said act. ..... 2(k)(iii) of the factories act, 1948. ..... 2 of factories act, 1948 in ramlanshan jageshar v ..... 2(m) of the factories act and sub-stations employing 10 or more workers would be covered within the definition of a 'factory' under s. ..... 2(m) of the factories act. ..... since the office of the factories inspector was raising an objection in this connection and was insisting that the said sub-stations should be registered as factories even though no manufacturing activity was done at such-substations, the petitioner had addressed a letter dated 13th november, 1978 to respondent no ..... they have to go out for field work and they have to sit on office for maintenance and preparation of the relevant records. ..... 248 and also considering the decision in nagpur electric light and power company limited (supra), the supreme court in para 18 of the judgment has propounded as under : 'section 2(12) referred to in above quotation (the quotation referred is from a.i.r. .....
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