COVID-19 and Factory Canteen Closures: Is This a Breach of Section 46 of the Factories Act?

If the canteen in the office of a factory is shut down amid the COVID-19 pandemic, is it a violation of Section 46 of the Factories Act?

From the perspective of strict social distancing, it would be better to keep the canteen closed even if the factory has to run with skeleton staff or a limited number of workers pursuant to the directions issued by the State under the DMA, 2005 as long as the lockdown remains in force. Therefore, in my opinion, in such a situation, the question of contravention of sec. 46 of the FA, 1948 would not arise.

I agree with Umakanthan Sir. The MHA has issued guidelines for restarting factories, but nowhere is an SOP given for the canteen. We can approach it like this:

The functioning of a factory with a minimum number of workers is permitted to ensure essential production. A canteen in a factory, though a statutory requirement, is applicable only when a certain number of workers assemble for work. However, during a period in which we are trying to operate with minimum numbers, and when public restaurants are asked not to provide eating places within their premises, it is advisable not to open canteens until things improve.

Dear colleague,

If anything, it will be a technical/notional violation of the FA. In fact, operating this service during the pandemic will be against all the safety measures to arrest the spread. So, keeping it shut during this period will not be held against you, and I concur with Mr. Umakanthan.

Regards,

Vinayak Nagarkar
HR and Employee Relations Consultant

There is nothing wrong if the factory and canteen are shut down. It is a violation if the factory is functional and the canteen is closed.