J.N. Sharma, J. - (1.)THIS application under Article 226 of the Constitution of India has been filed praying the following reliefs:
(a) (This prayer has not been pressed. So, the same is not necessary.)

(b) that it be declared that even in the case of a Company occupier is the person who has ultimate control over the affairs of a factory. If a person is appointed in that regard and only in case no such person is appointed by the company a Director is deemed to be the occupier of the factory.

(c) to issue a writ of mandamus directing Respondents Nos. 2 and 3 to cancel and/or withdraw the impugned decision/order dated March 19, 1988. i.e. Annexure -C to the writ application.

(d) to issue a writ of mandamus directing the Respondents Nos. 2 and 3 to accept Shri Mittal, the person nominated by the Petitioner Company as an occupier without insisting that such an occupier should be a director of the company and also renew factory licence for the Dhubri factory for the year 1988 and every year thereafter.

(2.)AT the time of admission on September 23, 1988 this court passed the following order:
"Pending the writ petition there shall be interim direction to the 3rd respondent, Chief Inspector of Factories, Assam restraining him from taking action against any one of the Directors of the Petitioner Company."

The brief facts are as follows: The petitioner -company applied for renewal of the factory licence for 1988 to the Chief Inspector of Factories, Assam, Gauhati and the Chief Inspector of Factories by Annexure -C, letter dated March 19, 1988 wrote as follows;

"With reference to the above, please note that as per Section 2 of the Factories (Amended) Act, 1987 one of the Directors of the Company must be the occupier of the factory. So you are hereby advised to furnish nomination of one of the Directors of the Company as occupier of the factory at an early date."

(3.)BY Annexure -D, Sri N.K. Mittal, Regional Manager of the Company, wrote that he has been appointed as occupier of the factory by resolution of the Board of Directors and it was prayed that he may be accepted as the occupier of the Dhubri factory of Wimco Limited. It was also further prayed that the factory licence may be renewed as early as possible. A reply was sent in the month of May, 1988 by the Chief Inspector of Factories, Assam, Guwahati -21 by which the Senior Inspector of Factories, Zonal Factory office, Bongaigaon, P.O. Bongaigaon was directed to make an inspection to find out the violation of provision of Section 2(n) of the Factories (Amended) Act 1987 for taking legal step against the management. It was further stated in this letter that the resolution appointing Sri Mittal as the occupier is not acceptable as he is not one of the Directors of the Company. Hence, this application.