As presently our company is doing one expansion project which is connected with the existing factory and within factory premises, presently factory is in full operation and for sake of pollution control they have given separate order for construction of Pollution control equipment as EPC ( engineering Procurement & Construction).
As per my understanding, since the factory is under operation and "factory act " and factory laws already applicable so BOCW ACT should not be applicable, as our company is doing execution as project expansion where construction work is being carried out.
So can anyone suggest me , whether within factory premises BOCW act is applicable??? if any such case study or judgment pl. share
D N Chaturevdi
From India, Surat
There are different views on this. The Supreme Court in Lanco Anpara Power ltd vs State of Uttar Pradesh and others (2016 10 SCC 329) has held that the provisions of Factories Act applies only to these who are engaged in the factory operations covering the meaning of manufacturing and allied activities and as such the construction workers who do work not related to factory operations are not covered under Factories Act. The Court observed that welfare measures specifically provided under BOCW Act cannot be denied to them.
However, in L&T Vs State of Chattishgargh and others the Chattisgarh High Court has taken a different view. I am not sure whether any appeal has been preferred by the state against it.Please find the attachments for clarity.
From India, Kannur
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