1998 LAB. I. C. 1949 ::(1998) 1 Bom CR 670

Bombay High Court

Hon'ble Judge(s): F. I. Rebello , J

(A) Factories Act (63 of 1948) , S.46(1), S.2(m), S.2(n), S.7(2)— Maharashtra Factories Rules (1960) , R.79, R.80, R.81, R.82, R.83, R.84, R.85, R.86— Scope - Statutory canteen - Notification applying Rules was issued in respect of the predecessor occupier of the factory - Factory was purchased by new occupier - Place, machinery, process and personnel thereof remained same or to some extent the same - Re-issuing of notification once again not required - Provisions of the Act are applicable to the factory. The Factories Act is a beneficial legislation providing benefits to the employees. The Act must be so read as to advance the object of the Act and not to defeat it on technicalities. Under sub-section (2) of Section 7 of the Act, a person who is an occupier when for the first time the provisions of the Act become applicable, has to furnish requirement as set out in sub-section (1) of Section 7. What it indicates is that once that information is conveyed, there is no requirement that every time the management changes or the occupier changes that the information as required under sub-section (1) has to be repeated all over again. On a perusal of the other provision of the Act such information will have to be updated as and when the changes take place in the establishment. However, this indicate a clear line on the part of the Legislature that when a factory ....