M S RAZAWAT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In the instant writ petition which has been filed as "Public Interest Litigation" the writ Petitioners, who are Boiler Attendants and Boiler Operation Engineers, are, inter alia, seeking quashing of the notification published in Madhya Pradesh Gazette dated 21.12.2001 (Annexure-P-3) issued by the State Government in exercise of powers under Section 34(3) of the Indian Boilers Act, 1923 (hereinafter referred to as 'the Act') by which a class of boilers has been excluded from certain provisions of the Act.

(2.) Facts leading to filing of the present petition, briefly stated are that in the State of Madhya Pradesh there are about 750 registered boilers in operation. Out of aforesaid 750 boilers, about 90% i.e. 675 boilers belong to the category whose heating surface area is less than 1000 square meters. In order to ensure safety of large numbers of workers who work in the vicinity of boilers, the installation and periodical inspection of boilers by a qualified Inspector is mandatory. However, the State Government in purported exercise of powers under Section 34(3) of the Act has issued a notification (Annexure P-3) by which boilers' whose heating surface area is less than 1000 square meters, which have been installed or would be installed in future, have been excluded from operation of provisions of Clauses (a) and (b) of Section 6, Sections 7 to 27 and Section 30 of the Act subject to certain conditions.

(3.) It is averred in the writ petition that while granting the aforesaid exemption, the very object and intent of the Act has been diluted down to a nullity by the State Government. By issuing the impugned notification, the State Government has prescribed a condition to the effect that the General Manager of the District Trade and Industries Centre of every district shall receive documents. The competent authority which has been described under the notification can be a Lecturer, Reader, or Professor from a recognized University or a Chartered Engineer who may not have the requisite technical expertise to issue the certificate for installation and registration of boilers. Another condition which has been prescribed in the notification is that the owner of the boiler is made responsible to run and maintain the boiler as per the provisions of the Act and the Rules made thereunder. Lastly, a condition which has been imposed in the notification provides that in case the owner of the boiler violates any of the provisions of the Act or the Rules made there under, a penalty of Rs. 5000/- can be imposed on him and further penalty of Rs. 500/- per day in case of re-occurrence. The General Manager, District Trade and Industries Centre has been empowered to impose the aforesaid penalty to prevent the use of boiler. In the aforesaid factual backdrop the Petitioners have prayed that notification (Annexure-P-3) issued under Section 34(3) of the Act be declared as unconstitutional, arbitrary, unlawful and unjustified. The Petitioners have also prayed for issue of a writ of mandamus directing the Respondents to implement all the provisions of the Act to the entire boilers which have been registered and are operational in the State of Madhya Pradesh.