CONTINENTAL PROFILES LIMITED Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Court heard Mr. S.N. Sharma, learned Advocate appearing for the petitioner. None appears on behalf of the respondents. Rule was issued two times against the Respondent No.4. The short point for consideration in this writ petition is whether any person other than a Director of a company can be said to be "occupier" of a factory within the meaning of Section 2(n) of the Factories Act.

(2.) This point was dealt elaborately in MatterNo. 839 of 1994 between Craves Ltd and Anr. v.State of West Bengal and Anr. dated January 22, 1996. On the basis of the reasons given in that order, I am to hold that 'occupier' as defined in Section 2(n) of the Factories Act does not necessarily have to become the Director of the Company.

(3.) The writ petition is accordingly allowed. The impugned notice dated March 15, 1995 being Annexure 'C' to the writ petition stands quashed and the respondents are directed not to give any effect to the said notice. The writ petition is finally disposed of as above without any order as to costs. All parties concerned are to act on a signed Xerox copy of the judgment on the usual undertaking.