Page 54 - DCOM207_LABOUR_LAWS

Unit 4: Factories Act, 1948

Notes
Example: In Birdh Chand Sharma v First Civil Judge, Nagpur, [AIR 1961 SC 644] where
the respondents prepared bidis at the factory and they were not at liberty to work at their homes.
They worked within certain hours which were the factory hours. They were, however, not bound
to work for the entire period and they could go whenever they like. Their attendance was noted
in the factory. They could come and go away at any time they liked. However no worker was
allowed to work after midday even though the factory was closed at 7 p.m. and no worker was
allowed to continue work after 7 p.m. There were standing orders in the factory and, according
to these orders a worker who remained absent for eight days presumably without leave could
&_ removed. The payment was made on piece rate according to the quantum of work done, but
the management had the right to reject such bidis as dad not come up to the proper standard.
On these facts the Supreme Court held that respondents were workers under section 2 (1) of the
Act.

4. Occupier

Section 2 (n) of the Act defines “occupier” of a factory to mean
The person who has ultimate control over the affairs of the factory: Provided that -
(i) in the case of a farm or other association of individuals, any one of the individual partners
or members thereof shall be deemed to be the occupier;
(ii) in the case of a company, any one of the directors shall be deemed to the occupier;
(iii) in the case of a factory owned or controlled by the Central Government or any State
Government, or any local authority, the person or persons appointed to manage the affairs
of the factory by the Central Government, the State Government or the local authority, as
the case may, be shall deemed to be the occupier:
Provided further that in the case of a ship which is being repaired, or on which maintenance
work is being carried out, in a dry dock which is available for hire,

(i) the owner of the dock shall be deemed to be the occupier for the purposes of any matter
provided for by or under -

™ z Section 6, Section 7, Section 7A, Section 7B, Section 11 or Section 12;
™ z Section 17, in so far as it relates to the providing and maintenance of sufficient suitable
lighting in or around the dock;
™ z Section 18, Section 19, Section 42, Section 46, Section 47 or Section 49, in relation to
the workers employed on such repair or maintenance;

(ii) the owner of the ship or his agent or master or other officer-in-charge of the ship or any
person who contracts with such owner, agent or master or other officer-in-charge to carry
out the repair or maintenance work shall be deemed to be the occupier for the purpose of
any matter provided for by or under Section 13, Section 14, Section 16 or Section 17 (save
as otherwise provided in this provided) or Chapter IV (except Section 2’7) or Section 43,
Section 44 or Section 45, Chapter VI, Chapter VII, Chapter VIII or Chapter IX or Section 108,
Section 109 or Section 110, in relation to the workers employed directly by him, or by or
through any agency; and
(iii) the machinery, plant or premises in use for the purpose of carrying out such repair or
maintenance work by such owner, agent, master or other Officer-in charge or person.

LOVELY PROFESSIONAL UNIVERSITY 49