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essycherianantony (Chief Manager)     20 July 2017

Are officers in a factory workers under factories act?

(i) Are officers and managers in a factory (which  falls under "factory" as per Factories Act 1948) "workers" within the purview of the act?

(ii) Are "Occupier" and "Manager" defined in the Factories Act 1948 "workers" within the purview of the act?

 

Essy Antony



Learning

 5 Replies

Raveena Kataria (Advocate )     20 July 2017

As per the Factories Act, 1948, a worker is defined as a person employed "in any manufacturing process, or in cleaning any part of the machinery or premises used for a manufacturing process, or in any other kind of work incidental to, or connected with,the manufacturing process, or the subject of the manufacturing process."

Technically, every person working inside the factory premises would be a worker. A manager/occupier working in the factory would hence also come within the definition of a factory worker.

1 Like

darshana sawant (associate consultant)     21 July 2017

Dear Sir,

 

The definition of worker in the Factories Act is very wide and includes all persons working in the factory in connection with the mfg process or incidental thereof, only exclusion is the member of armed forces of the Union.  So also the Occupier is defined as the person having ultimate control over the affairs of the factory.  Managers and officers are not defined anywhere in the Act, therefore they all will be workers so far as the Factories Act, is concerned.

darshana sawant (associate consultant)     21 July 2017

Dear Sir,

 

I want to add here that Occupier has the ultimate control over the affairs of the Factory and is responsible for implementing the provisions of the Act, therefore would not be a worker. 

Kumar Doab (FIN)     21 July 2017

GO thru:

 

THE FACTORIES ACT, 1948

2. Interpretation;(l) (n)

7. Notice by occupier: (4)(5)

 

https://www.labour.nic.in/sites/default/files/TheFactoriesAct1948.pdf

 

Kumar Doab (FIN)     21 July 2017

Agreeing with above advices;

Manager may mean person appointed by Occupier and responsible to the occupier …...

 


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