BHADRACHALAM PAPOR BOARDS LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) Who is an 'Occupier under the Factories Act of 1948? Should he be necessarily an owner? Or can any other person be entrusted with such functions? - are the serious questions falling for adjudication in these batch of Writ Petitions.

(2.) An 'Occupier' is one defined under the Factories Act, 1948 (hereinafter referred to as 'the Act'). Section 2(n) of the Act defines as to who is the Occupier. Hitherto, it read as follows:

(3.) There are catena of decisions interpreting the above word 'Occupier' and I need not state all those decisions as it was a settled law that Occupier is one nominated for that purpose and who had ultimate control over the affaris of the factory. There was no imposition that only a partner or a director could be the Occupier and none else. Any person, who had ultimate control over the affairs of the Factory, could be nominated as an Occupier.