MADHUSUDAN SINGHANIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner Madhusudan Singhania is the proprietor of M/s. Singhania Commercial Company in both these criminal miscellaneous applications. The prayer of the petitioner is for quashing the order dated 22.8.1994 passed by the Chief Judicial Magistrate, Daltonganj, in G.C. Case Nos. 43 and 42 of 1994 respectively, whereby cognizance of the offence punishable under Section 92 of the Factories Act, 1948, has been taken against the petitioner including one Naresh Prasad, the Manager, on the basis of the complaint-petitions filed by Opposite party No. 2 the Factory Inspector. The sum and substance of the allegation against the petitioner is that he is running a factory without any licence as required under Section 6 of the Factories Act (hereinafter to be referred to as the Act). It is, therefore, alleged that the petitioner has violated the provisions of the Act and, as such, he is liable to be prosecuted under Section 92 of the Act. In the premises, therefore, the only question falls for consideration is as to whether such a plant will come within the purview of Section 2(m) of the Act or under the Mines Act, 1952 .

(2.) The learned counsel for the petitioner submits that the Graphite Benefication Plant is installed within the mining lease area of the petitioner. The whole purpose for installing the plant within the mining area is for cleaning, polishing and giving it a proper shape, etc., in order to make it marketable. It is, therefore, submitted that such plant will come within the definition of Mines under Section 2(1)(j)(xi) and (xii) of the Mines Act, 1952 and not a factory within the meaning of Section 2(m) of the Act. It is, accordingly, submitted that such plant is not required to be registered under Section 6 of the Act read with Rule 4 of the Bihar Factory Rules, 1950.

(3.) In order to appreciate the contention of the learned counsel, Section 2(m) of the Act including the Explanation (i)(ii) appended there to which reads thus: "2(m)" factory means any premises including precincts thereof