This common order dismissed two writ petitions challenging the validity of Section 66(1)(b) of the Factories Act as infructuous following a prior declaration that the section was invalid and struck down.
Both writ petitions dismissed as infructuous; no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE NOUSHAD ALI
Writ Petition Nos. 12114 of 2000 & 12691 of 2001 10-06-2010
Writ Petition No. 12114 of 2000
Between:
M/s. Suryalakshmi Cotton Mills Limited, Secunderabad.
……….Petitioner
And
The Union of India, rep. by its Secretary, incharge Labour, Shramashakti Bhavan, New Delhi and two others.
………Respondents
Writ Petition No.12691 of 2001
Between:
M/s. Dart Manufacturing India Pvt. Ltd., New Delhi and others.
……….Petitioner
And
The Union of India, rep. by its Secretary, incharge Labour, Shramashakti Bhavan, New Delhi and two others.
………Respondents
THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE NOUSHAD ALI
Writ Petition Nos. 12114 of 2000 & 12691 of 2001
COMMON ORDER : (Per Hon’ble Sri Justice Goda Raghuram)
The validity of Section 66 (1) (b) of the Factories Act, 1948 which enjoins that no woman shall be required or allowed to work in any factory within the hours of 6 a.m. and 7 p.m. and its proviso to the effect that the
State Government by notification in the final gazette, in respect of any factory or group or class or description of factories may vary the limits laid down in clause (b), but so that no variation shall authorize the employment of any woman between the hours of 10 pm and 5 am is challenged in this writ petition.
A learned Division Bench of this Court by the order dated 02-11-2001 in W.P.No.21610 of 1999, has declared invalid and struck down Section 66 (1) (b) of the Factories Act, 1948.
In the circumstances, the grievance in both the writ petitions does not survive for adjudication. Accordingly, both the writ petitions are dismissed as infructuous. There shall be no order as to costs.
____________________________ JUSTICE GODA RAGHURAM
Dated: 10-06-2010
________________________ JUSTICE NOUSHAD ALI KVR
1 issue framed by the court
Whether the challenge to the validity of Section 66(1)(b) of the Factories Act survives after a prior division bench declared it invalid.
Colour shows how this judgement treated each authority
W.P.No.21610 of 1999Referred¶22
1 provisions across 1 enactments
M/s. Suryalakshmi Cotton Mills Limited
The Union of India
M/s. Dart Manufacturing India Pvt. Ltd.
Goda Raghuram
Noushad Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
