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1990 Supreme(Kar) 690

S.RAJENDRA BABU
W. S. Industries (India) Ltd. – Appellant
Versus
Inspector of Factories – Respondent


JUDGMENT

S. Rajendra Babu, J.--In this batch of cases the petitioners have called in question the constitutional validity of Section 2(n) as amended by Act 20 of 1987 of the Factories Act, 1948 (hereinafter referred to as the Act) as violative of Articles 19(1)(g) and 14 of the Constitution. They have also contended that the endorsements issued by the Chief Inspector of Factories and Boilers calling upon the petitioners to file an application for renewal of registration or licence of their respective factories by nominating the director as the 'occupier'.

2. The petitioners are all running factories of various kinds and are seeking either registration or renewal of their factories' licence. When they filed applications in the necessary forms the same having not been acted upon but the petitioners have been asked to file applications signed by the "director of company who owns the factory." It is also stated that the authority cannot act upon the Board resolution authorising the general manager to be the 'occupier' of the factory.

3. The contentions raised by the petitioners are as follows : That Section 2(n) of the Act restricts the freedom to carry on business inasmuch as the Comp























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