Prosecuyion of a "post".

Guest (Querist) 19 June 2009 This query is : Resolved
Respected learned Members,

A prosecution has been launched under the Factories Act, 1948 against the Manager/Occupier, who hasn't been named...Is such a prosecution valid under the relevant laws?

Can you please suggest me High Court case-laws, in the abovementioned context?

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Elamaran Perumal (Expert) 06 January 2010
Normally ,either the Head of Project/Plant/Factory or the Officer who is incharge of the affairs of the Project is the Manager/Occupier. Therefore, the Prosecution Proceedings may be initiated against such Offiial. It is common phenomena under the Fatoies Act whenever there is any non-compliance of the Act. Such procedural non-complices are viewed as criminal offece.

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