Is the BOCW Act Relevant for Construction During Factory Expansion? Seeking Advice and Case Studies

Dear Team, Currently, our company is undertaking an expansion project connected to the existing factory within the factory premises. The factory is currently in full operation, and for the purpose of pollution control, a separate order has been placed for the construction of Pollution Control equipment as EPC (Engineering, Procurement, and Construction).

To my understanding, since the factory is operational and the "Factory Act" and factory laws are already applicable, the BOCW Act should not be applicable. Our company is expanding the project where construction work is taking place.

Could someone please advise me on whether the BOCW Act is applicable within the factory premises? If there are any relevant case studies or judgments, please share.

Regards, D. N. Chaturevdi

Different Views on Applicability of the Factories Act

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 the Factories Act apply only to those who are engaged in factory operations covering the meaning of manufacturing and allied activities. As such, the construction workers who do work not related to factory operations are not covered under the Factories Act. The Court observed that welfare measures specifically provided under the BOCW Act cannot be denied to them.

Contrasting View from Chhattisgarh High Court

However, in L&T vs State of Chhattisgarh and others, the Chhattisgarh 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.