ARVIND SARAF Vs. INSPECTOR OF FACTORIES
HIGH COURT OF DELHI
INSPECTOR OF FACTORIES
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PRADEEP NANDRAJOG,J. -
(1.) PETITIONER prays that the complaint against the petitioner by the Inspector of Factories (Copy at page 15-16) be quashed.
(2.) COMPLAINT in question has been filed under Sections 28, 31, 61, 62 and 292 of the Factories Act, 1948 alleging various breaches listed in para 4 of the complaint. It is stated in the complaint that the breaches stated in para 4 of the complaint were reported by the Inspector who visited the factory of the petitioner on 13.8.1997 at 11.45 AM.
According to the petitioner, Hon'ble Supreme Court had passed directions on 26.11.1996 in CW(P) No. 4677/1985 M.C. Mehta v. UOI directing that certain industries be closed down in the Union Territory of Delhi by 31.3.1997. It is stated that the factory of the petitioner was wrongly directed to be closed. Petitioner approached Hon'ble Supreme Court praying that direction contained in the order dated 26.11.1996 be recalled. That unfortunately, review application was dismissed. That on 19.6.1997, Delhi Pollution Control Committee directed closure of the unit.
(3.) ACCORDINGLY , petitioner claims that on 13.8.1997 the factory was lying closed. That Shri K.L. Meena, the Factory Inspector made a surprise visit and filed the complaint without giving a reasonable opportunity to the petitioner to clarify the factual matrix.;
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