Unless an establishment is
covered under the Factories Act, the prosecution launched aginst owners of the
establishment engaged in courier service will be illegal.
The Management of DHL Express (I)
Pvt. Ltd. vs. Assistant Inspector of Factories-III, O/o Inspector of Factories,
Chennai. 2011 LLR 292 (Mad. HC)
Cognizance of offence u/s. 92 of
Factories Act can not be taken if the complaint is filed beyond the period of
six months.
Soumendu Biswas & Anr. vs.
State of Jharkhand. 2011 LLJ II P. 166 (Jhar. HC)
No other person than occupier and
factory manager be summoned and prosecuted.
Qimat Rai Gupta & Ors. vs.
State of H.P. & Anr. 2011 LLR 945 (HP HC)
Prosecution filed by Factory
Inspector beyond limitation period of three months is liable to be rejected.
Soumendu Biswas @ S. Biswas and
Another vs. State of Jharkhand. 2011 LLR 50 (Jharkhand HC)
Fixing of work hours, provided
they do not violate any statutory provision, are management functions and
courts should not interfere with such function.
Transport And Dock Workers Union
and others vs. Mumbai Port Trust and another. 2010(127) FLR 1095
Statutory duty of occupier to
ensure safety and welfare to worker can not be shifted to any one.
S. J. Ghandy and another vs.
State of Jharkhand and others. 2010 (127) FLR 1005 (Jharkhand HC)