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WHATS
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In the Supreme Court of India
September 25, 1996
CIVIL APPEAL NOS. 4014-4015 OF 1993 WITH (W.P. (C) NO. 1129
OF 1991,
C.A. NOS. 245-256 OF 1996, W.P. (C) NO. 134 OF 1993, W.P.
(C) NO. 657 OF
1991, C.A. NOS. 244 OF 1996, 1238 OF 1993, 4499-4500 &
7090 OF 1996.
W.P. (C) NOS. 165, 187 OF 1996, AND C.A. NO. 12552 OF 1996
ARISING OUT OF
S.L.P. (C) NO. 12498 OF 1996)
PRESENT
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The Honourable Dr.
Justice A.A.Anand
The Honourable Mr. Justice K.T.Thomas
J.K.Industries Ltd. Etc. etc. Appellants
v.
Chief Inspector of Factories
and Boilers & Ors. Etc. etc. Respondents
I. Factories Act, 1948-
s.2 (n), Proviso (ii) - Appellant is a Company and runs a
-Whether appellant has to nominate one of the Directors as
'Occupier' or the company can nominate an other employee as
occupier by passing resolution that have ultimate control
over the affairs of the factory - Held that an occupier of
the in the case of a company must necessarily be of its directors
who shall notified for the purpose of the Factories Act and
that such occupier cannot be any employee of the company of
the factory.
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AIR 1998 SUPREME
COURT 2456
(From : (1997) 1 Cur LR 282 (Patna))
G.T. NANAVATI AND S.P. KURDUKAR, JJ.
Civil Appeal No. 3237 of 1998 with Civil Appeal No. 3247 of
1998 (arising out of S. L. P. (C) Nos. 5167 with 5215 of 1997),
D/- 14-7-1998.
Indian Oil Corporation Ltd. , Appellant v. The Chief Inspector
of Factories and others, Respondents.
WITH
Indian Oil Corporation Ltd., Appellant v. The Labour Commissioner
and others, Respondents.
Factories Act (63 of 1948), S.2(n) Proviso (2) (ii) (as amended
by Act (20 of 1987)) - Factory of Indian Oil Corporation (Govt.
owned Company) - 'Deemed occupier' of - Who is - Whether any
of its Director or person appointed by Govt. - Ultimate control
over all affairs of Corporation including opening and running
of factories, is with Central Govt. - Person other than Director
appointed by Central Govt. to manager affairs of factories
shall be deemed to be the occupier.
CWJC No. 443 of 1991, D/- 29-11-1996 (Patna), Reversed.
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