O R D E R

% 05.08.2024

1. At the outset, learned Counsel for the Petitioner, on instructions, submits that the Petitioner is limiting her grievance to prayers (b) to (i) in the Petition read as under:

“b) Pass a mandamus directing annual audits to be undertaken by CAG to assess the respondents’ performance in enforcing the provisions of the Factories Act, 1948 in Delhi and to ensure that a full picture of the situation in Delhi’s factories in known.

c) Pass a mandamus directing the respondents to prepare an action plan for inspection of all registered factories in Delhi to ensure the provisions of the Factories Act, 1948 and the associated Rules are fully implemented by factory management.

d) Pass an order directing the respondents to close down unregulated and unregistered factories in Delhi and those engaged in child labor.

data pertaining to total no. of factories registered in Delhi and licenses renewed with the total number of workers employed therein.

those factories in Delhi which are not complying with the provisions given in the Factory Act, 1948 mandating occupational safety and health of the workers employed in the factories.

g) Pass an order directing the respondents to put on record the current no. of inspectors notified in Delhi for the prupose [Sic-purpose] of section 8 of the Factory Act, 1948 and to increase the numbers in view of the no. of factories registered in Delhi.

h) To pass an order directing the respondent to put on record the data regarding the no. of fire accidents that have happened in Delhi in the last 5 years and the action taken therein.

i) To pass an order directing the respondents to ensure that all factories in Delhi have adequate ventilation and temperature, maintenance of such means of access to, and egress from, proper cleanliness, protection from dust and fumes and are not overcrowded in terms of the provisions of the Factory Act, 1948.”

2. Learned Counsel for the Petitioner submits that the Petitioner is a registered Trade Union that works with unorganised sector workers employed in factories in Delhi. It is the contention of the Petitioner that the Petitioner has a membership of over 4,000/- such workers.

3. It is contended that the Petition has primarily been filed highlighting several instances of adequate safeguards not being present leading to health and safety risks for employees in the various factories in and around Delhi.

4. Issue Notice.

5. Learned Counsel for the Respondents appearing on advance service accepts notice and seeks time to file the Courter-Affidavit.

5.1 Let a Counter-Affidavit be filed within six weeks.

5.2 Rejoinder, if any, be filed within two weeks thereafter.

6. Learned Counsel for the Petitioner also requests for some time to file the documents which were inadvertently not filed along with the Petition.

6.1 Let the documents in support of its registration as well as the membership be filed within a period of one week.

7. List on 09.10.2024.

TARA VITASTA GANJU, J AUGUST 5, 2024/SA Click here to check corrigendum, if any