R SUBRAMANIAN Vs. STATE OF TAMIL NADU REP

JUDGEMENT

(1.) THESE Petitions have been filed seeking to quash the proceedings pending against the petitioners herein in S.T.C.Nos.45 & 44 of 2005 respectively, on the file of the Chief Judicial Magistrate, Thiruchirapalli.

(2.) THE petitioners/accused are Manager and occupier respectively of the Dalmia Cement (Bharat) Limited, Dalmiapuram, Kallakudi, Tiruchirappalli District. THE complaint has been taken on file for offences punishable under Sections 41 and 112 of the Factories Act and Rules 61 """D, 61 """E & 61 """F of the Tamil Nadu Factories Rules and it is pending enquiry before the learned Chief Judicial Magistrate, Thiruchirappalli.

(3.) IN State v. Shri Krishna Pd., AIR 1954 Alla. 44 (Vol.41, C.N.33), it has been held as follows: "Only such persons can be classified as workers of a factory who are either directly or indirectly or through some agency, employed for doing the work of any manufacturing process or cleaning, etc. with which the factory is concerned. It does not contemplate the case of a person who comes and that too without the knowledge of the factory owner or without his intervention, either directly or indirectly, and does some work on the premises of the factory. No presumption can be raised that the persons are the workers of the factory from the mere fact that they are found working on the portion of the premises of the factory." IN S. Palaniappa Mudalier v Additional First Class Magistrate, Kulitalai and others, 1958 (2) MLJ 346, he relied on the following passages: