ASOK KUMAR CHAKRAVARTY, J.

( 1 ) THE short point for consideration in this writ petition is whether any person other than a director of a company can be said to be "occupier" of a factory within the meaning of Section 2 (n) of the Factories Act, 1948.

( 2 ) THE facts of the case, in short, are that the petitioner-company has a factory at Plot Nos. B-9 and B-10 of Falta Industrial Growth Centre, Sector III, Falta, Diamond Harbour and is known as Power Transmission Unit 2, hereinafter referred to as "the said factory". By a resolution of the board of directors of the petitioner-company on May 27, 1993, Mr. A. B. Ghosh was nominated as the occupier of the said factory having ultimate control over the affairs of the said factory. The petitioner submitted two applications for renewal of licence in respect of the said factory for the years 1993 and 1994, respectively, to which respondent No. 2 sent a reply intimating that "the forms for 1993 and 1994 have not been signed by the occupier, i. e. , by ,any of the directors within the meaning of the Factories (Amendment) Act, 1987," and requested them to rectify the irregularities immediately. The said refusal of respondent No. 2 to renew

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