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2009 Supreme(Jhk) 787

AJIT KUMAR SINHA
Central Coalfields Ltd – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioner: Mr. Ananda Sen, Mr. Kaushal Agrawal
For the Respondents: Mr. J.C. to G.A.

JUDGMENT

The present writ petition has been preferred for an appropriate writ, order or direction for quashing the letters dated 23.5.1998, 7.4.1999 and 19.4.1999 issued by the respondent no.2 whereby and whereunder the respondent no.2 has directed the petitioner to register the water treatment plant at Patratu Water Works of the petitioner under the Factories Act as the said water treatment plant according to the respondent no.2 comes within the definition of the Factories Act. The further prayer is for issuance of an appropriate writ, order or direction for a declaration that the water treatment plant is not a factory within the meaning of the Factories Act.

2. The facts, in brief, are set out as under:

The water treatment plant of the petitioner was inspected by the respondent concerned and notice was issued on 23.5.1998 to register the water treatment plant under the provision of Factories Act. The petitioner gave reply vide its letter dated 27.2.1999 stating inter-alia therein that the Factories Act is not applicable as the petitioner’s water treatment plant does not come within the definition of the Factories Act. Again, a notice was issued on 7.4.1999 stating that the manufa


































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