H K KALA Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioners before this court under Article 227 of the Constitution are the officers of the Rail Spring Factory, Sitholi, Gwalior. The petitioners have filed the present petition challenging the order dated 18th January, 2005 passed by Labour Court No. 1, Gwalior in case No. 180/ 2002, by which, their application for dismissal of the complaint preferred before the Labour Court no. 1, Gwalior under section 105 of the Factories act, 1948 (hereinafter referred to as 'the Act') has been turned down.

(2.) THE facts in brief necessary for disposal of the present petition are that the petitioner No. 1 is working as the Chief Workshop Manager and petitioner No. 2 is working as the Deputy Chief Mechanical Engineer, are the occupiers within the definition of the Act. The Rail Spring Factory, sitholi has a Deep Paint plant located at Sitholi, gwalior and on 5. 4. 2002 a small explosion took place in the Deep Paint Plant. The Factory Inspector was appointed under the provisions of section 8 of the Act who inspected the factory and submitted his report. On the basis of his report, a prosecution was initiated under section 92 of the Act. The petitioners submitted an objection regarding maintainability of the complaint and it was stated by the petitioners that the Factory Inspector has violated the provisions of the Act and, therefore, the petitioners cannot be prosecuted. It is also argued on behalf of the petitioners before this Court that the factory in question is under the control of the Union of India and the petitioners are the senior officers working under the Union of India. It has been further stated that because of the incident in question, which took place on account of explosion in the factory neither any causality has taken place nor any injury has been caused to any workman as it was a simple and small explosion occurred in the Deep Paint plant.

(3.) CHAPTER 2 of the Act deals with inspecting spot which includes the Inspector also. Section 9 of the act read as under: