GOA CARBON LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner-company owns a factory situate at St. Jose de Areal, Salcete, Goa. The said factory is governed by the Factories Act, 1948.

(2.) BY its resolution dated May 6, 1988, the Board of Directors of Petitioner No. 1 passed a resolution to the effect that Mr. Ajit Sardessai, works manager of the said factory be entrusted with the ultimate control over the affairs of the said factory since none of the directors of petitioner No. 1 was stationed at the said factory. By the said resolution, the said Mr. Ajit sardessai was in fact appointed by the company as the "occupier" of the said factory for the purpose of the Factories Act, 1948. On July 12, 1988, the petitioner-company made an application for registration and occupation as contemplated under Sections 6 and 7 of the factories Act, 1948, in Form No. 2 as set out in paragraphs 4 and 5 of the petition. In the said application, the name of Mr. Ajit Sardessai was shown as "the occupier".

(3.) BY the impugned letter dated September 9, 1989, the Inspector of Factories returned the said application in Form No. 2 to the petitioners stating therein that the said application was required to be signed by one of the directors as the "occupier" of the said factory for purpose of the factories Act, 1948. It appears that the respondents issued the impugned letter to the petitioner-company in view of the amendment to the definition of the expression "occupier" contained in Section 2 (n) of the Factories Act, 1948, effected by Amending Act 20 of 1987.