Continental Profiles, Ltd. v. State Of West Bengal And Others

Factual and Procedural Background

This matter was a writ petition in which Sri S.N. Sharma appeared for the petitioner and no counsel appeared for the respondents. A rule was issued twice against respondent No. 4. The petitioner challenged an impugned notice dated 15 March, 1995 (Annexure C to the writ petition). The short point for consideration was whether a person other than a Director of a company can be regarded as the "occupier" of a factory within the meaning of S. 2(n) of the Factories Act.

Legal Issues Presented

1. Whether any person other than a Director of a company can be said to be an "occupier" of a factory within the meaning of S. 2(n) of the Factories Act?

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

Court's Reasoning and Analysis

The court's analysis was concise. It referred to and adopted the reasoning contained in the earlier order in Matter No. 839 of 1994 (Greaves, Ltd. v. State of West Bengal, dated 22 January, 1996). On the basis of the reasons given in that prior order, the court concluded that the definition of "occupier" in S. 2(n) of the Factories Act does not necessarily confine the status of occupier to a company's Director. No further separate analytical elaboration appears in the text of this opinion.

Holding and Implications

The writ petition is allowed and the impugned notice dated 15 March, 1995 (Annexure C) is quashed.

Consequences directed by the court (as stated in the opinion):

• The respondents are directed not to give effect to the impugned notice dated 15 March, 1995.
• The writ petition is finally disposed of without any order as to costs.
• All parties are to act on a signed xerox copy of the judgment on the usual undertakings.