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2016 Supreme(SC) 353

JAGDISH SINGH KHEHAR, C.NAGAPPAN
Hemant Madhusudan Nerurkar – Appellant
Versus
State of Jharkhand – Respondent


JUDGMENT :

Jagdish Singh Khehar, J.

Leave granted in both the special leave petitions.

2. The controversy arising for adjudication emerges from the provisions of the Factories Act, 1948 (hereinafter referred to as 'the Act'), and the Bihar Factories Rules, 1950 (as applicable to the State of Jharkhand). Insofar as the alleged violations committed by the appellants are concerned, a summary of the same stands recorded in paragraph 3 of the impugned judgment, which is extracted hereunder:-

“3. It appears that an inspection carried out in the Growth Shop of M/s Tata Steel Limited on 14.09.2013 and in course of inspection, it was found that in Fabrication Yard No.1 about 100 numbers of contract labourers engaged. However, on inquiry, it came to the notice of the Inspecting Team that though the Management took overtime service from them, but in terms of Factories Rules, 1950 (Form-10A) overtime slip not provided to them, which is violative of Rule 103A of the Factories Rules, 1950. The Inspecting Team further found that the contract labourers were not provided with leave book in Form-15 of the Factories Rules, which is violative of Rule 88 of Jharkhand Factories Rules, 1950. It is further al




































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