IN THE HIGH COURT OF JUDICATURE AT MADRAS RESERVED ON :21.03.2024 DELIVERED ON : 26.06.2024 Coram:

THE HONOURABLE MRS.JUSTICE N.MALA W.P.No.8219 of 2021 and W.M.P.Nos.13011 and 8773 of 2021 Ennore Tank Terminals Private Ltd., 3rd Floor, P.T.Lee Chengalvaraya Naicker Maaligai

23 Rajaji Salai Chennai 600 001.

Rep by its Authorised Signatory ...Petitioner Vs.

Deputy Director of Industrial Safety & Health No.15, State Bank Colony II Street, Thiruvottiyur, Chennai 600 019. ...Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondent from extending and insisting the petitioners to comply with the provisions of the Factories Act in respect of the petitioner's permises inside the Kamarajar Port Trust, Vallur Post, Ponneri Taluk, Thiruvallur 600 120 pursuant to the show cause notice of the respondent in A/751/2021 and A/No/752/2021 consequential Inspection Report in proceedings No.TVR-URF/EIR/2021, dated 08.03.2021.

For Petitioner : Mr.G.Anandgopalan For Respondent : Mr.P.Sanjaygandhi, Govt., Advocate

ORDER

The writ petition is filed for a Writ of Mandamus forbearing the respondent from extending and insisting the petitioners to comply with the provisions of the Factories Act, in respect of the petitioner's permises inside the Kamarajar Port Trust, Vallur Post, Ponneri Taluk, Thiruvallur-600 120, pursuant to the show cause notice of the respondent in A/751/2021 and A/No/752/2021, consequential Inspection Report in proceedings No.TVR-

URF/EIR/2021, dated 08.03.2021.

2.Though the genesis of the writ petitions are the show cause notices, the writ petitions is entertained as the jurisdiction or competence of the respondents to invoke the factories Act against the petitioner is questioned.

BRIEF FACTS:

3. The petitioner company is engaged in receiving liquid products from vessels coming alongside the jetty into the integrated tank farm terminal through pipelines and transporting the same through tanker, lorries or pipelines to its various customers. For the said purpose, the petitioner entered into licenced agreement with the Kamarajar port (formally Ennore Port Ltd.,) for development of jetty and an integrated tank farm within the port premises on Build, Operate and Transfer (BOT) basis for a period of 30 years from 2006 under the Public-Private partnership model. In pursuance of the licence agreement, the petitioner built the integrated storage tanks and terminals, which are located within the port premises as defined and notified by the Government in terms of the Indian Ports Act, 1908. The petitioner's aforesaid premises has valid licences from PESO and also under the Pollution Laws. The petitioner has compiled with the labour laws like ESI, EPF and the Contract Labour Abolition Act, 1970. While so, the petitioner's premises (Storage tank terminal) was inspected by the respondent on 18.02.2021. The respondent was of the view that the petitioner's premises was a factory and that the petitioner violated certain provisions of the Factories Act, 1948. Therefore a show cause notice, dated 08.03.2021 was issued to the petitioner. The petitioner sent his reply to the show cause notice on 24.03.2021 denying that his premises was a factory and thereafter filed this writ petition for the aforesaid relief.

4.The respondent filed a detailed counter and as the petitioner filed an additional affidavit, the respondent also filed an additional counter reiterating its stand that the petitioner's premises was a factory and justified the issuance of the show cause notice, which was issued for violation of the provisions of the Factories Act, 1948. The respondent denied that the workers of the petitioner Company were covered by the provisions of the Dock Workers (Regulation of Employment) Act, 1948 and the Dock Workers (Safety, health and Welfare) Act, 1986 and the regulations framed thereunder.

RIVAL CONTENTIONS:

5. The petitioner’s case is that the petitioner's premises is