The Hindu Business Line : Match units run by family members — Competent authority must decide on Factories Act applicability: HC

Industry & Economy - SSI
Corporate - Courts/Legal Issues

Match units run by family members — Competent authority must decide on Factories Act applicability: HC

Our Legal Correspondent

Chennai , March 22

THE Madras High Court has held that the question of non-applicability of the provisions of the Factories Act, 1948 to match units that are run by members of a family alone should be decided by the competent authority concerned.

After hearing a writ petition filed by the Kanyakumari District Cottage Match Manufacturers Association, Thuckalay, Mr Justice C. Nagappan, said that the competent authority had to decide whether the match industries run by the members of the petitioner-Association were factories falling within the ambit of the Factories Act on the basis of verification as to whether workers employed by the petitioner in their respective units were the members of the family alone.

The petitioner contended that the Act was not applicable where the manufacture of matches was carried on with the aid of family members.

The validity of a Government Order dated June 13, 1988 was the subject matter of a batch of writ petitions in 1994 (WP No 6795), and the judge, after elaborate consideration had held in his order dated March 8, 1996 that the notification was valid in law. Another judge followed the said order while deciding another writ petition (WP No 4647 of 1997) on April 17, 1997.

The Additional Government Pleader submitted that pursuant to the observation made by the judge in WP No 6795 of 1994, the State Government, Department of Labour & Employment, in its circular memorandum dated December 30, 1997 had defined `family' to be adopted for the purpose of the expression `family' occurring in the proviso to Section 5 of the Factories Act.

Mr Justice Nagappan held that the competent authority had to decide whether the match industries run by the members of the petitioner-Association were units falling within the ambit of the Act. The writ petition was dismissed.

Mr Justice Nagappan said he was in agreement with the view taken by the two judges with respect to the GO and upheld the order.

More Stories on : SSI | Courts/Legal Issues

Article E-Mail :: Comment :: Syndication :: Printer Friendly Page