JAIN MOVIE PALACE Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has prayed for quashing Letter No. 344 dated December 31, 1997 (Annexure-1) whereby respondent No. 2 directed the petitioner to get itself registered under the Factories Act, 1948 (hereinafter referred to as "the Act") for violation of the provisions of Sections 6 and 7 of the Act and Rule 4 of the Bihar Factories Rules, 1950 (hereinafter to be referred to as "the Rules") and also for quashing Letter No. 73 dated March 16, 1998 (Annexure-4) issued by respondent No. 2 rejecting the petitioner's show-cause. According to the petitioner, generator has been installed in the cinema hall which is operated only in case of load shedding or power failure.

(2.) It is submitted that the petitioner is not engaged in the business of generation of electricity by use of generator in such manner and therefore, the petitioner cannot be asked to get itself registered under the Act. Mr. Sen, appearing for the petitioner, relied on a bench decision of this Court in J.L. Mehta and Another v. State of Bihar and Another, 2001 (1) East Cr.C.575 (Pat) and submitted that though the judgment prelates to quashing of a criminal case which was lodged for not registering the premises under the Act inspite of using the generator in the office premises, but the analogy will apply in this case.

(3.) Mr. H.K. Mehta, appearing for the State, relying on Annexure-A, the notification dated January 12, 1985 issued by the Labour, Employment and Training Department submitted that the petitioner has been asked to get it registered in view of Clause 7 of Schedule "Y" of the said notification.