The State Government had the competence to stipulate standards for fireworks manufactories and the rules were enforceable despite not being laid before the State Legislature.

1. The petitioner is an Association of Manufacturers of Fireworks and Crackers. It is registered as an Association under the Societies Registration Act, 1860, way back in the year 1970.

2. The petitioner has come up with the above writ petition, challenging an amendment issued to the Tamil Nadu Factories Rules, 1950 by the State Government under G.O.Ms.No.70, Labour and Employment Department, dated 26.8.2011, published in the Government Gazette on 9.11.2011.

3. I have heard Mr. M. Sekar, learned counsel for the petitioner, Mr. K. Chellapandian, learned Additional Advocate General assisted by Mr. M. Murugan, learned Government Advocate for the first respondent and Mr. K.K. Senthilvel, learned Assistant Solicitor General for the second respondent.

4. By G.O.Ms.No.184, Labour and Employment Department, dated 29.12.2009 published in the Tamil Nadu Government Gazette dated 3.2.2010, the State Government published the draft of an amendment to the Tamil Nadu Factories Rules, 1950, proposed to be made in exercise of the powers conferred by Sections 87 and 112 of the Factories Act, 1948. Persons who are likely to be affected by the proposed amendments, were invited to lodge their objections within a period of 45 days, to the proposal. It appears that the petitioner-Association filed its objections to the Principal Secretary to Government, Labour and Employment Department, on 10.3.2010.

5. After more than about 1-1/2 yers, the Government issued the impugned order G.O.Ms.No.70, dated 26.8.2011 and published the same in the Government Gazette on 9.11.2011. Aggrieved by the amendments so made, the petitioner is before this Court.

6. Before considering the objections of the petitioner to the amendments, it is necessary to take note of a few facts and the nature of the amendments made. They are as follows:-

(i) Rule 95 of the Tamil Nadu Factories Rules, 1950, lists out, certain operations to be declared as dangerous operations, when carried on in a factory. The list comprises of 32 types of operations. "Fireworks Manufactories and Match Factories" is listed at Serial No.24 of the said list under Rule 95(1).

(ii) About 32 Schedules are annexed to Rule 95. Each of those Schedules are relatable to one of the items listed as dangerous operations under Rule 95 (1).

(iii) Since fireworks manufactories and match factories are listed at Serial No.24 under Rule 95(1), Schedule XXIV contains the prescriptions relating to these types of factories. The prescriptions are categorised under 13 paragraphs in Schedule XXIV. Paragraph-10 of Schedule XXIV contains 12 prescriptions.

(iv) By the impugned amendment, 17 more prescriptions are sought to be inserted in paragraph 10 of Schedule XXIV and this is what the petitioner is aggrieved against.

7. The existing 12 prescriptions under paragraph 10 of Schedule XXIV are assigned numbers from item No.(a) to (l). By the impugned amendment, 17 items are sought to be inserted, as item Nos.(m) to (z) and (aa), (ab) and (ac).

8. Fortunately, the learned counsel for the petitioner submitted, at the time of hearing, that the petitioner is not opposing all the 17 items inserted by the impugned amendment. The opposition of the petitioner is only to a few of those 17 items now inserted by the impugned amendments.

9. In particular, the opposition of the petitioner is to the items inserted under the alphabets (n), (p), (q), (r), (s), (t), (u), (v) and (ac). It may be useful to extract these items to which the petitioner has objections, since the objection of the petitioner revolves around certain factual issues also. Therefore, the items for which the petitioner has objections are listed as follows:-

"(n) Workers aged above 55 years shall be employed only in non-explosive areas.

(p) Work benches and tables shall be provided for mixing and filling operations.

(q) Blast walls shall be provided around the drying platform at a distance of two metres away from the drying platform. The height of the blast wall shall be at lea