Introduction To Factories Act 1948

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Introduction to Factories Act 1948

A factory is a building or group of buildings where people work with machinery to make
goods. The Bhopal gas tragedy case (1984) raised public awareness of factory pollution and
risks, necessitating government action to allow legislation amendments.
Factories act 1948 - In the second half of the 19th century, large factories/industries emerged
in India. In his report in 1872-73, Major Moore, the chief inspector of the cotton department
in Bombay, first raised the issue of introducing legislation regulating working conditions in
factories. The first formation Factories Act 1948 was initiated in 1881. Since then, the
Factory Act 1948 has been modified and amended multiple times. The Court held in Ravi
Shankar Sharma v. State of Rajasthan (1993) that the Factory Act is social legislation that
covers the health, safety, welfare, and other aspects of factory workers. In Bihar, the first
iron and steel works were established in 1873. Jute spinning mills were established at Rishra
around 1855. In 1881, Bengal had 5000 power looms in operation. During the 1870s, Bally
paper mills were created at Hooghly and many other tanning and leather factories were
established in Kanpur, resulting in the development of factory establishments in India. The
early employment of women and children, the length of the working hours, and the hazardous
and unhygienic working conditions brought issues and crises to India, and due to these
scenarios, legislation was established for all factories and industries. The necessity for
protective labour legislation to combat working conditions, particularly for women and
children, was recognised as early as 1850, but the British government did very little. The
Bara Bazar organisation was founded in 1878 by Sasipad Bannerjee to promote the welfare of
jute mill employees. There were strikes in 1877 at Nagpur Empress Mill, which are recorded.
The production methods were changed throughout the industrial revolution that occurred in
England between 1760 and 1820. The development of several mechanical innovations began,
such as the steam engine, which gave humans the capability to drive powerful machines.
Factory Act of 1881
In 1875, a committee was established to look into the working conditions of Indian
employees working in a factory. The first Factory Act was passed in 1881, under Lord
Ripon’s leadership. The Factory Act is a central body of legislation in India. Local
governments had the power under the Factory Act of 1881 to enact rules governing the
implementation of the Act’s provisions to control the employment of children, the fencing of
machinery, the responsibility to notify factory workers when accidents occur, and other
occupations in a factory. This Bill (1881) was amended by the Council and passed on the first
day of July 1881, after receiving approval from the Viceroy. The Act was immediately
codified as the Indian Factories Act of 1881. This Act was applied to the entire of British
India. The Act governs the working conditions of the workforce by establishing several laws
relevant to workers’ health, safety, working circumstances, and hazardous processes. If any
of the Factory Act’s principles are violated, there are various penalty procedures.
The Factory Act of 1881 included protective labour laws. The Factory Act of 1881 was the
result of the efforts of philanthropic individuals, social activists in India, and Lancashire
manufacturers in Great Britain. Narayan Meghaji Lokhandey, a follower of Mahatma Jyotiba
Phule, was the country’s first labour leader. He worked as a storekeeper at a textile mill and
spent his whole life advancing the interests of the labour movement. A memorandum signed
by 5300 employees was also given by him to the Factory Commission, which was formed in
1884. The Indian government appointed the factory commission in 1890.
Important provisions of the 1881 Act
The important provisions of the 1881 Act are as follows:
 Children under the age of seven are not allowed to work, and they cannot work two jobs
on the same day.
 The working hours for children were nine hours per day.
 Four holidays must be given to children each month.
 Intervals must be provided to take a rest.
 Care must be taken when handling machinery’s dangerous parts fence.
 Accidents in a factory or industry must be reported.
 The Act was applicable to factories with mechanical power and 100 or more employees.
Since the Factory Act of 1881 was not enough and did not cover all aspects of the Act, there
was a further amendment to the Act called the Factory Act of 1891.
Factory Act of 1891
Later, in 1885, a Factory Commission was established. In 1891, a Royal Commission on
Labour was created, and it was enforced in 1892. The Act was amended, known as
the Factories Act of 1891. This amendment Act of 1891 placed certain restrictions on the
working hours of the factory.
Important provisions of the 1891 Act
The important provisions of the 1891 Act are as follows:
 Registration of a factory with 50 or more employees.
 Local governments were obliged to report activities that employed even 20 employees in
a factory.
 The employment of children under the age of nine was prohibited.
 In the case of children aged 9 to 14, seven hours of work were given.
 In the case of women, eleven hours of work were given with a 1.5-hour break per day.
 Women and children were not permitted to work between the hours of 8 p.m. and 8 a.m.
 All employees must be offered weekly holidays.
 A rest interval of at least 0.5 hours must be provided.
 Provincial governments are empowered to enact sanitation and comfort rules.

Factories Act 1948


This Act was based on the terms of the Factory Act of Great Britain, which was enacted in
1937 and the most recent ILO Convention in matters of safety, health and welfare, working
hours, industrial hygiene, medical examination of young people, and submissions of factory
building plans. The first effort at cooperation between the government, employers, and
workers with respect to labour took place at the conference in 1942. As a result, after
Conference 1942, a Plenary Tripartite Conference and a Standing Labour Committee were
established to provide the government with labour-related advice. This led to the submission
of legislative measures, including the drafted bill. The Factory Act 1934 was passed,
replacing all previous laws related to factories. The law was drafted in light of the Royal
Commission's recommendations on labour. This law is amended accordingly. The experience
of applying the Factory Act of 1934 reveals many shortcomings and weaknesses that impede
the effective application of the law, and the need for major amendments to the law to extend
protection provisions to a large number of small industrial facilities.
Therefore, on August 28, 1948, the Member Assembly passed the Factories act 1948 and
integrated and amended the Factory Act. The law was approved by the Governor-General of
India on September 23, 1948, and came into effect on April 1, 1949. The Factories Act 1948
passed by Parliament was approved on September 23, 1948.
List of Amendments in the order of Adaptation
1. The Repealing and Amending Act, 1949 (40 of 1949)
2. The Adaptation of Laws Order, 1950
3. The Repealing and Amending Act, 1950 (35 of 1950)
4. The Part B States (Laws) Act, 1951 (3 of 1951)
5. The Factories (Amendment) Act, 1954 (25 of 1954)
6. The Central Labour Laws (Extension to Jammu and Kashmir) Act, 1970 (51 of 1970)
7. The Factories (Amendment) Act, 1976 (94 of 1976)
8. The Factories (Amendment) Act, 1987 (20 of 1987)
The Factories act 1948 is a social law enacted for the health, safety, and welfare of workers in
the workplace. The purpose of the law is to regulate the working conditions of production
companies that fall under the definition of the term "factory" used in the Factories act 1948.
Importance of the Factories Act 1948
The Factories act 1948 is a useful and productive law. The main purpose and objective of the
Factories act 1948 are to protect the interests of workers, stop exploitation and ensure
workplace safety, hygiene and well-being. It imposes various rules, obligations, and
responsibilities on factory owners and factory managers. Legal amendments and court
decisions have further expanded the nature and scope of the vocational concept, especially
concerning the process of dangerous processes and handling of machinery in factories.

Salient features of Factories Act, 1948


The important features of the 1948 Act are as follows:
 The word “factory” has been expanded by the Factories (Amendment) Act of 1976 to
include contract labour when determining whether a factory has a maximum of 10 or 20
employees.
 The Act increased the minimum age for children to work in workplaces from 12 to 14
and reduced their daily working hours from 5 to 4 and a half.
 The Act forbids women and children from working in factories from 7 p.m. to 6 a.m.
 The difference between a seasonal and non-seasonal factory has been abolished by the
Act.
 The Act, which has provisions for factory registration and licencing.
 The state government is required to make sure that all factories are registered and also
have valid licences that are renewed from time to time.
 The Act gives state governments the authority to enact rules and regulations that ask for
management and employee association for the benefit of employees.
 The state government has the authority to apply the Act’s requirements to any
establishment, regardless of the number of employees inside and regardless of whether
the establishment engages in manufacturing operations.
 In Rabindra Agarwal v. State of Jharkhand (2010), the Jharkhand High Court held that
the Factories Act, special legislation would prevail over the Indian Penal Code
Aim and Objective for the Factories act 1948
The main purpose of the Indian Factories Act 1948 is to regulate working conditions in
factories, regulate health, annual leave, safety, welfare, and to establish special provisions
related to young people, women, and children working in factories. It includes:
 Working hours: According to the Adult Working Hours Regulations, adult workers
cannot work more than 48 hours a week in the factory. There should be a weekly
vacation
 Health: To protect the health of workers, the Factories act 1948 requires all factories to
be kept clean and take all necessary precautions. The factory needs proper lighting,
drainage system, ventilation, temperature, etc. Drinking water should be provided with
safe preparation. Sufficient toilets and urinals need to be installed in the right place.
These need to be easily accessible to workers and should be kept clean
 Security: To ensure worker safety, the Factories act 1948 fences machines, does not
allow young people to work on dangerous machines, and manholes to be arranged for in
reasonably sized confined spaces to allow workers to escape in an emergency
 Care: For the well-being of workers, the Factories act 1948 stipulates that all factories
must provide and maintain appropriate cleaning equipment for their use. Seats, first aid
facilities, shelters, break rooms, dining rooms, facilities for storing and drying clothes
must be available
 Penalty: Violations of the provisions of the Factories Act 1948 or rules created under that
Act or written orders issued under Factories act 1948 are treated as criminal offences.
The following penalties may be imposed -
 Up to one year in prison
 A fine to be paid of up to 1 lac rupees
 Fine and imprisonment
 Rs 500 fine may be imposed if a worker misuses the equipment in connection with the
worker's welfare, safety, health, or in connection with the performance of his/her duties.
Definitions under the Factories Act, 1948
The important definitions under the 1948 Act are as follows:
Adult and child: An adult is defined as someone who has attained the age of eighteen, as
defined in Section 2(a) of the Act.
A child is someone who has not attained the age of fifteen, as defined in Section 2(c) of the
Act.
Adolescent: Adolescent is defined in Section 2(b) of the Act. An adolescent is defined as
someone who has attained the age of fifteen but has not yet attained the age of eighteen.
Calendar year: The calendar year is defined in Section 2(bb) of the Act. A calendar year is a
period of twelve months commencing on January 1st of any year.
Competent person: A competent person is defined in Section 2(ca) of the Act. A competent
person is someone or a group of individuals who have been approved by the Chief Inspector
to conduct tests, examinations, and inspections that must be conducted in a plant. He/she is
someone who has the necessary knowledge and experience to handle the complexity of the
issue.
Hazardous process: Hazardous process is defined in Section 2(cb) of the Act. A hazardous
process is defined as any process or activity related to the industry that requires special care
of raw materials that are used in it, intermediate or finished products, by-products, wastes, or
effluents that would cause material impairment to the health of those engaged in or connected
with it or that result in polluting the environment.
Machinery: Machinery is defined in Section 2(j) of the Act. The term covers prime movers,
transmission machinery, and any other equipment and appliances that produce, transform,
transmit, or apply power.
Power: Power is defined in Section 2(g) of the Act. Power is defined as any type of
mechanically transmitted energy that is not created by a human or animal agency.
Week: Week is defined in Section 2(f) of the Act. A week is defined as a seven-day period
beginning at midnight on Saturday night or other nights that have been approved in writing
for a specific area by the Chief Inspector of Factories.
Day: Day is defined in Section 2(e) of the Act. A day is defined as a 24-hour period
beginning at midnight.
Young person: Young person is defined in Section 2(d) of the Act. A young person is defined
as a child or an adolescent.
Factory: The definition of a factory is specified in Section 2(m) of the Factories Act 1948. A
factory is any premises, where it has certain limits and boundaries-
If a manufacturing process is regularly carried out in any portion of the premises with the use
of power and with ten or more workers now engaged in such activity or were engaged in such
work on any day during the previous twelve months; or
If any element of a manufacturing process is performed inside the premises without the use of
power and is regularly performed with twenty or more employees working or having worked
there on any given day within the previous twelve months.
Manufacturing process: The manufacturing process definition is specified under Section 2(k).
The term “manufacturing process” refers to any process for:
 Generating, altering, repairing, ornamenting, finishing, packing, oiling, washing,
cleaning, demolishing, or otherwise treating or adapting any article or;
 A substance in preparation for use, sale, transportation, delivery, or disposal or;
 Producing, transforming, or transmitting energy or;
 Creating type for printing, letterpress printing, lithography, bookbinding, or any other
similar process or;
 Constructing, reconstructing, repairing, refitting, finishing, or breaking up ships or
vessels, etc. (as defined by the 1976 Amendment Act);
 Preserving or storing any item in cold storage.
Worker: The worker definition is specified under Section 2(l). A worker is someone who
performs any job associated with a manufacturing process, whether they are employed
directly or indirectly through an agency, a contractor, or any other means. This helps to
maintain any equipment or facilities utilised in the manufacturing process. The worker may
be hired with or without the principal employer’s knowledge and with or without
compensation.

Compliances of the Factories Act 1948


Form 1 - Application for permission to build, expand, or use the building as a factory
The applicant applies for a permit to build, expand, or use the building as a factory. That's
what the factory chief inspector must achieve. Attach a manufacturing process flow sheet to
the application to supplement a brief description of the process at each stage and plan.
Form 2 - Request for registration and license renewal issuance for the year
Factory owners are obliged to obtain a license by the provisions of the Factories act 1948. For
this purpose, they must submit an application to the factory management office in the
designated format. The application for license renewal must be submitted to the factory
manager's office. The Licence is valid up to 31st December for the year granted. A renewal
application should be complete in all respects and should be delivered in advance in the
office of the Director of Factories at least 30 days before the due date of expiry of the
Licence.
Form 4 - Notice is given by the occupier or the owner to report a change of Manager
The occupier/owner of the factory, as per the Factories act 1948, shall intimate the notice of
change of manager in the format as prescribed in the registration form to the factory
inspectorate.
Form 9 - Registration of workers hired to work on or near a running machine
The register should store the name and other details of each such worker in all factories in a
specific format that can be used for such investigations and operations.
Form 14 - Register of Compensatory Holidays
The administrator must maintain the registration in a specific format to manage the
compensation leave granted to the employee. Except for employees who have to do work that
must be done all day for technical reasons, the compensation leave given must be distributed
so that no more than two holidays are given per week.
Form 15 - Overtime Schedule/Muster Roll for Dismissed/Exempted Workers
The manager of each factory with overtime workers should maintain a specific format sample
list showing the normal piecework or hourly wages of all workers on vacation. This manager
must enter the overtime and payments for all exempt workers correctly. The sample role
should always be available for inspection.
Form 16 - Notice of working hours for adult employees
The manager of each factory shall keep the notice of the working hours of adult workers in
the prescribed format.
Form 20 - Leaves registration with wages
The supervisor keeps a vacation log containing the specified format of wages. The salary and
vacation register must be kept for 3 years after the last entry and presented to the inspector
upon request.
Form 21 - Leave Book
The manager shall provide all employees who are eligible to take leaves during the calendar
year with the Leave log in the specified format by January 31st of the following calendar
year. Leave logs are the property of the employee. If an employee is dismissed or dismissed,
the manager must issue Form 20 within one week from the date of dismissal or discharge.
Form 24 - Health Register
All employers are required to keep a health record according to the template provided. This
includes name, age, gender, date of employment at the current job, date of transfer or transfer
to another job with a reason for retirement or transfer, type of job or occupation that may be
exposed to the product. Includes work-related health information such as by-products, health
check and result details, and a certified surgeon's dated signature.
Form 25 - Report an accident or dangerous outbreak that could lead to death or personal
injury
Occupiers/managers must report accidents or dangerous events that result in death or personal
injury to factory inspectors.
Form 31 - Muster rolls
The manager of each factory provides a model list of all workers employed in the factory,
including:
 Each worker's name
 The nature of the work
 The worker's daily attendance
This must be maintained in the prescribed format. If the daily attendance is recorded in the
Adult Workers Register on Form 17.

Welfare measures
The three main components of welfare measures are occupational health care, appropriate
working hours, and appropriate remuneration. It speaks of a person’s complete health,
including their physical, mental, moral, and emotional states. The goal of welfare measures is
to integrate the socio-psychological demands of the workforce, the particular technological
requirements, the organisational structure and procedures, and the current socio-cultural
environment. It fosters a culture of work dedication in enterprises and society at large,
ensuring increased employee happiness and productivity.
Washing facilities (Section 42)
All factories should supply and maintain enough appropriate washing facilities for the use of
the employees.
For male and female employees, separate, well-screened facilities must be provided; these
facilities also need to be easily accessible and maintained clean.
The standards for appropriate and suitable facilities for washing must be set by the state
government.
Facilities for storing and drying clothing (Section 43)
The state government has a specific authority. It specifies that the state government has the
authority to give instructions to the manufacturers regarding where to store the worker’s
clothing.
They can also provide them with instructions on how to dry the workers’ clothes. It refers to
the circumstance in which workers are not dressed for work.
Facilities for sitting (Section 44)
All factories should provide and maintain seating arrangements in appropriate areas for all
workers who are required to work in a standing position in order to take advantage of any
chances for rest that may arise throughout the course of the job.
According to the chief inspector, workers in any factory involved in a certain manufacturing
process or working in a specific room are able to perform their work effectively while seated.
First aid appliance (Section 45)
All factories must have first aid kits, appliances, or cupboards stocked with the required
supplies during all working hours, and they must be easily accessible for all manufacturing
employees to access. Accordingly, there must be more first aid boxes or cupboards than the
usual ratio of one for every 150 industrial employees, which must be fewer than that.
The first aid box or cupboard should only include the recommended supplies.
Throughout the factory’s operating hours, each first aid box or cupboard should be kept under
the supervision of a specific person who is accountable for it on a separate basis and must be
readily available at all times during the working hours of the factory.
Canteen (Section 46)
A canteen must be provided and kept up by the occupier for the benefit of the workers in any
specified factory where more than 250 people are usually employed, according to rules that
the state government may set.
Food must be served, and prices must be established for it.
Shelters, restrooms and lunch rooms (Section 47)
Every factory with more than 150 employees must have appropriate and suitable restrooms
or shelters and a lunchroom with drinking water where employees can eat food they have
brought with them and that is kept for their use. If a lunchroom is available, employees
should stop eating in the work area.
The shelters or restrooms need to be well-lighted, ventilated, kept clean, cool, and in good
condition.
The state government sets the standards.
Creches (Section 48)
Every factory with more than 30 female employees must have a suitable room for the use of
children under the age of six of such women.
Such rooms must be well furnished, well-lighted, and ventilated, and they must be kept clean
and hygienic. They must also be under the care of women who have received training in child
and infant care.
In addition, facilities for washing and changing clothes can be made available for the care of
the children of female workers.
Any factory may be forced to provide free milk, refreshments, or both to such children.
Small children can be fed by their mothers in any industry at necessary intervals.
Health
Sections 11-20 of Chapter III of the Act deal with the Health of the Factories Act, 1948.
Cleanliness (Section 11)
Every factory needs to be kept clean and clear of any effluvia from drains, latrines, or other
annoyances. In particular:
Dirt must be cleaned daily from floors, benches, staircases, and passages by sweeping or by
another method, and it must be properly disposed of.
The floor should be disinfectant-washed at least once a week.
During the manufacturing process, the floor becomes moist; this must be drained via
drainage.
Disposal of wastes and effluents (Section 12)
Every factory has to have a method in place for treating wastes and effluents produced by the
manufacturing process they use.
Ventilation and temperature (Section 13)
In order to ensure worker comfort and prevent health problems, sufficient ventilation must be
created for the circulation of air in a factory, which should be maintained at a specific
temperature.
Walls and roofing should be made of a material that is intended for a particular temperature
that shouldn’t go over as much as possible.
Certain precautions must be taken to protect the employees in facilities where the
manufacturing process requires extremely high or low temperatures.
Dust and fume (Section 14)
Every factory has to have efficient measures to remove or prevent any dust, fumes, or other
impurities that might harm or offend the employees employed and cause inhalation and
buildup in any workroom.
No factory may operate an internal combustion engine unless the exhaust is directed outside,
and no other internal combustion engine may be used. Additionally, precautions must be
made to avoid the buildup of fumes that might endanger the health of any employees inside
the room.
Overcrowding (Section 16)
There should be no overcrowding in factories that might harm the health of the workers.
All employees must have ample space in a room to work in the building.
Lighting (Section 17)
Every area of a factory where employees are employed must have adequate natural, artificial,
or both types of lighting installed and maintained.
All glass windows and skylights that provide lighting for the workroom in factories must be
kept clean on the inside and outside.
The production of shadows should not cause eye strain during any manufacturing process,
and all factories must have preventative measures that should not cause glare from the source
of light or via reflection from a smooth or polished surface.
Drinking (Section 18)
All factories must have the appropriate installations in place, and maintain convenient
locations with an adequate supply of clean drinking water.
The distance between any drinking water and any washing area, urinal, latrine, spittoon, open
drain carrying sullage or effluent, or another source of contamination in the factory must be 6
metres unless the chief inspector approves a shorter distance in writing. The labelling must be
legible and in a language that workers could understand.
In all factories with more than 250 regular employees, there needs to be a suitable method for
providing cold drinking water during hot weather.
Latrines and urinals (Section 19)
All factories should have enough restrooms, and urinal accommodations of the required types
must be offered in a location that is convenient and always accessible to workers.
Male and female employees must have separate enclosed rooms.
These locations must be thoroughly cleaned, kept in a hygienic state, and have sufficient
lighting and ventilation.
Sweepers must be used to maintain latrines, urinals, and washing facilities clean.
Spittoons (Section 20)
All factories must have spittoons in easily accessible locations, and they must be kept clean
and hygienic.
The state government specifies the number of spittoons that must be given, their placement in
any factory, as well as their maintenance in a clean and hygienic manner.
Except for spittoons designed, for this reason, no one should spit within the premises of a
factory. A notice must be posted if any violations occur, with a fine of five rupees.
Safety
Safety is covered in Chapter IV of the Act and is covered in Sections 21–41 of the Factories
Act, 1948.
Employment of young persons on dangerous machines (Section 23):
No young person is permitted to operate dangerous machines unless he has been adequately
taught the hazards associated with the machine and the measures to be taken, and has
received suitable training in working at the machine or adequate supervision by a person who
has complete knowledge and experience of the equipment.
Prohibition of employment of women and children near cotton openers (Section 27):
Women and children are not permitted to work in any area of a cotton pressing facility while
a cotton opener is in operation. Women and children may be employed on the side of the
partition where the feed-end is located if the inspector so specifies.
Hoists and lifts (Section 28):
Every hoist and lift must be of strong mechanical structure, enough strength, and sound
material. They also need to be regularly maintained, completely checked by a qualified
person at least once every six months, and a register kept for the mandatory exams.
A cage that is properly designed and installed must enclose all hoist and lift ways to prevent
people from being trapped between any of the equipment.
No larger load should be carried; the maximum safe operating load must be marked on the
hoist or lift.
Every hoist or lift gate must have interlocking or another effective system installed to prevent
the gate from opening except during landing.
Protection of eyes (Section 35):
The state government may require effective screens or appropriate goggles to be provided for
the protection of persons employed or in the vicinity of the process during any manufacturing
process carried out in any factory that involves risk to the eyes due to exposure to excessive
light or injury to the eyes from particles or fragments thrown off during the process.
Precautions against dangerous fumes, gases etc (Section 36):
No person shall be required or permitted to enter any chamber, tank, vat, pit, pipe, flue, or
other confined space in any factory where any gas, fume, vapour, or dust is present to such a
degree as to involve risk to persons being overcome, unless such chamber, tank, vat, pit, pipe,
flue, or other confined space is provided with an adequate manhole or other effective means
of egress.
Explosive or inflammable dust, gas etc (Section 37):
Any factory involved in manufacturing processes that produce dust, gas, fume, or vapour of a
nature that could explode on ignition must take all reasonably practicable precautions to
prevent any explosion through
The effective enclosure of the plant or machinery.
The removal or prevention of the accumulation of such dust, gas, fume, or vapour, etc., or
Otherwise by the exclusion or effective enclosure of all potential ignition sources.
Precautions in case of fire (Section 38):
In order to protect and maintain safety to allow people to escape in the case of fire, all
factories should have precautionary measures in place to avoid the breakout and spread of
fire, both internally and externally. The required tools and facilities for extinguishing the
fire must also be made accessible.
All factory employees who are familiar with fire escape routes and have received sufficient
training on the procedure to be followed in such circumstances must have access to
appropriate measures.

Applicability of the Factories Act 1948


The important applications of the 1948 Act are as follows:
The Act also applies to the whole country of India, including Jammu and Kashmir, and
covers all manufacturing processes and premises that fall under the definition of a factory as
defined in Section 2(m) of the Act. It also applies to factories owned by the central or state
governments, as defined in Section 116 of the Act.
The Factories act 1948 applies to any factory that has more than 10 workers working or has
worked on any day of the last 12 months, and the manufacturing process is operated or
normally operated with the help of electricity. It also applies to all factories where 20 workers
are working or have worked in the last 12 months, when the manufacturing process is
running, or usually without the help of energy. However, this does not include mining or
union military mobile units, railroad depots, hotels, restaurants, or canteens.

Case Study
P.Trivikrama Prasad v. The State of AP by its Assistant Inspector of Factories, (2016)
Facts of the case
In this case, the deputy chief inspector of factories filed a private complaint against the
petitioner for violations of Section 32(a) and Section 41 of the Factories Act, which are
punishable under Section 92 of the Act. The petitioner failed to provide D-rings to the cane
trally side plate to support the employees as they would safely get down from the trolley once
the crane loading was complete. They also failed to provide ladders and helmets, which
resulted in some unskilled workers getting hit while working and causing them to die. Since
no helmet, d-rings, or ladders were provided, the occupier/managing director of the entity or
the manager (i.e., the petitioner) was made responsible. Then the petitioner filed a criminal
petition against the factory inspector.
Issues involved
The issue involved was whether the criminal petition filed against the accused would be
rejected or allowed to proceed.
Judgement of the case
The Hyderabad High Court held that the occupier or managing director (petitioner), who
neglects to provide d-rings, ladders, and helmets to the employees for their safety and fails to
teach them during hazardous times, is at fault. Therefore, the criminal petition brought
against the respondent is dismissed and quashed. As a result, the petitioner is responsible for
his ignorance and failure to maintain the factory properly.

Shankar Balaji Waje v. State of Maharashtra, (1961)


Facts of the case
In this case, the appellant was the proprietor of a business that produced bidis. In the factory,
the petitioner and the other workers used tobacco and leave provided by the factory to roll
bidis. There was no agreement or contract between the owner and the petitioner. He was not
required to work in the factory for specific hours or days. He could enter or leave the factory
as he wished. He is allowed to take a day off work at any time, and with the owner’s consent,
he is also allowed to take a 10-day leave of absence. He wasn’t asked to roll bidis in the
factory, but with the owner’s permission, he may take them home to roll bidis that were given
to him. There was neither actual supervision of the work he did in the factory nor a master-
servant relationship between the petitioner and the appellant. There was no minimum
production requirement, and he received fixed rates based on the number of bidis, or piece
prices for rolling bidis.
Issues involved
The issue involved was whether the petitioner complied with the definition of a worker under
the Factories Act of 1948 or not.
Judgement of the case
In accordance with Section 2(l) of the Factories Act of 1948, the petitioner is not a worker.

References:
Mahawar, S., By, -, Mahawar, S., & here, P. enter your name. (2022, November 10).
Factories act, 1948. iPleaders. Retrieved from
https://blog.ipleaders.in/factories-act/#:~:text=The%20major%20goal%20of
%20the,various%20industrial%20and%20occupational%20hazards.

Team Deskera Content. (2022, July 21). Factories act 1948 - an overview. Deskera Blog.
Retrieved from https://www.deskera.com/blog/factories-act-1948/#:~:text=The
%20main%20purpose%20of%20the,and%20children%20working%20in%20factories.

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