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2010 Supreme(MP) 833

S.R.ALAM, ALOK ARADHE
M. S. Razawat – Appellant
Versus
State of M. P. – Respondent


ORDER

Alok Aradhe, J.

1. In the instant writ petition which has been filed as "Public Interest Litigation" the writ Petitioners, who are Boiler Attendants and Boiler Operation Engineers, are, inter alia, seeking quashing of the notification published in Madhya Pradesh Gazette dated 21.12.2001 (Annexure-P-3) issued by the State Government in exercise of powers under Section 34(3) of the Indian Boilers Act, 1923 (hereinafter referred to as 'the Act') by which a class of boilers has been excluded from certain provisions of the Act.

2. Facts leading to filing of the present petition, briefly stated are that in the State of Madhya Pradesh there are about 750 registered boilers in operation. Out of aforesaid 750 boilers, about 90% i.e. 675 boilers belong to the category whose heating surface area is less than 1000 square meters. In order to ensure safety of large numbers of workers who work in the vicinity of boilers, the installation and periodical inspection of boilers by a qualified Inspector is mandatory. However, the State Government in purported exercise of powers under Section 34(3) of the Act has issued a notification (Annexure P-3) by which boilers' whose heating surface area is le















































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