GREAVES FOSECO LIMITED Vs. CHIEF INSPECTOR OF FACTORIES

JUDGEMENT

(1.) The petitioner is a Company registered under Indian Companies Act, 1956 and it has a factory at Taratala Road, Calcutta. The petitioner has inter alia prayed for a writ in the nature of Mandamus commanding the Chief Inspector of Factories, Government of West Bengal and other respondents to this Rule to accept the appointment of Mr. Pradip Kumar Sandell as the Occupier of the petitioner's factory at Taratala Road, Calcutta for the year 1973. The petitioner has also prayed for a writ of Certiorari inter alia for quashing the criminal proceeding in Case No. C 3135/73 against M.F.C. Elliott and also for a writ in the nature of Prohibition prohibiting the respondents to forbear from proceeding with the said criminal case against M.F.C. Elliott. In brief the case of the petitioner is that the respondents have acted illegally and without jurisdiction by refusing to accept the petitioner's nomination, of Pradip Kumar Sandell as the Occupier of the petitioner's factory at Taratala Road, Calcutta within the meaning of S. 2(n) of the Factories Act, 1948 and by treating M.F.C. Elliott, who was one of the Directors of the petitioner's Company as the Occupier of the said Factory.

(2.) The facts of the case may be briefly stated. On July 1, 1962 the petitioner Company which was then known as Greaves Foundry Services Limited had made an application to the respondent No.1 for registration and grant of a licence under the Factories Act, and also gave a notice of occupation specified in Ss. 6 and 7 of the Factories Act, 1948. In column 9 of the said application in form 2, name of M.F.C. Elliott was mentioned as the person nominated as the Occupier under S. 100 of the Act. A list of names and addresses of the Directors of the said Company was submitted which showed that said M.F.C. Elliott was one of the Directors of the petitioner Company. The respondent No.1 accordingly granted licence No.88-TP/X 62 dated 11th August 1962 to the petitioner Company. Thereafter, the petitioner company obtained successive renewals of the said licence from the respondent No.1. The original application for grant of licence and also renewal applications up to the year 1971 were signed by the aforesaid Director of the company as the Occupier.

(3.) On January 12, 1973 an application in Form 2 for renewal of the said factory licence issued in the name of M.F.C. Elliott was again mentioned as the Occupier under S. 100 of the Factories Act. In Column 7 name of Pradip Kumar Sandell was mentioned as the Manager of the Company for the purpose of Factories Act. The Chief Inspector of Factories by his letter dated 13th March, 1973 informed the petitioner Company that the said form had not been signed by the Occupier. A form was enclosed to the said letter for signature of the Occupier. On April 18, 1973 Pradip Kumar Sandell as the Works Manager of the petitioner Company wrote a letter to the Chief Inspector of Factories stating that due to oversight in Column 9 of the form the name of the Occupier had been mentioned as M.F.C. Elliott, whereas the name of said Pradip Kumar Sandell should have been mentioned. In support of the said claim a certified copy of a Power of Attorney in favour of Pradip Kumar Sandell was furnished. The application for renewal of the factory licence for the year 1973 was resubmitted with Pradip Kumar Sandell's name as the Occupier.