Per S.C. SHARMA, J.

The petitioners before this Court under Article 227 of the Constitution are the Officers of the Rail Spring Factory, Sitholi, Gwalior. The petitioners have filed the present petition challenging the order dated January 18, 2005 passed by Labour Court No.1, Gwalior in case No. 180/2002, by which, their application for dismissal of the complaint preferred before the Labour Court No.1, Gwalior under Section 105 of the Factories Act, 1948 (hereinafter referred to as 'the Act') has been turned down.

2. The facts in brief necessary for disposal of the present petition are that the petitioner NO.1 is working as the Chief Workshop Manager and petitioner No.2 is working as the Deputy Chief Mechanical Engineer, are the occupiers within the definition of the Act. The Rail Spring Factory, Sitholi has a Deep Paint Plant located 21 at Sitholi, Gwalior and on April 5, 2002 a small explosion took place in the Deep Paint Plant. The Factory Inspector was appointed under the provisions of Section 8 of the Act who inspected the factory and submitted his report. On the basis of his report, a prosecution was initiated under Section 92 of the Act. The petitioners submitted an