2013 CRI. L. J. (NOC) 40 (JHAR.) ::2012 LAB. I. C. 2676 ::2012 (3) AIR Jhar R 14 ::(2012) 2 JCR 406 (JHA)

Jharkhand High Court

Hon'ble Judge(s): Prashant Kumar , J

(A) Factories Act (54 of 1948) S. 26 — Industrial Disputes Act (14 of 1947), S 28 — Prosecution for violation of provisions of Acts — In view of provision of General Clauses Act, it is choice of the prosecutor to prosecute petitioners either under Industrial Disputes Act or Factories Act (Para 6)

(B) Factories Act (54 of 1948) S. 26 — Industrial Disputes Act (14 of 1947), S 25(o) — Constitution of India, Art 254 — Bihar Factories Rules (1950), R 100A — Prosecution for violation of Acts — Plea that Rule 100A Bihar Factories Rules, 1950 become inoperative after incorporating of Section 25(o) of I D Act — Is misconceived — Factory Act as well as Industrial Disputes Act were enacted by the Parliament — Bihar Factories Rules 1950 have been framed by State Government under Factories Act — Thus, question of repugnancy does not arise (Para 7)

(C) Factories Act (54 of 1948) S. 26 — Closure of mill — Plea that Factories Act deals with temporary closure, whereas allegations against petitioners is that they closed Mills permanently, thus, Factory Act has no application — Is liable to be rejected — On the date of inspection, factory was temporarily closed — Petitioners have violated provisions of Rule 100A of Bihar Factories Rules (Para 8)