- (1.) At the outset, this Court may place on the record that it has very carefully read and re-read the order dated February 25, 1994 by which while granting ad interim orders, the Bench made observations for the subsequent Bench to consider whether this may be a matter fit for admission. The Bench was kind enough to leave the matter open for the subsequent Bench considering this writ petition for admission whether there may be a possibility of this matter being referred to a larger Bench. It was left open for this Court to come to its conclusion that the matter needs an examination by a larger Bench notwithstanding the recommendation of the earlier Bench in its order of February 25, 1994.
(2.) This Court has also seen the record of the writ petition very carefully and has also seen the decision of a Division Bench of the Allahabad High Court of their Lordships the Hon'ble S.D. Agarwala and Hon'ble Dr. R.R. Misra, JJ. in Messrs Bhatia Metal Containers Pvt. Ltd v. State of U.P. and Ors. (1990-II-LLJ- 534) (All). This Court has also perused the relevant provisions of the Factories Act, 1948 as amended in December 1987 by Act No. 20 of 1987.
(3.) Even if the decision of the Allahabad High Court was not available for the guidance of this Court, which it is otherwise, difficult for this Court to ignore that the issue plainly is whether the plain meaning of an Act of Parliament is to be taken on its face value or the High Court should impliedly legislate to read more meaning than is necessary. There is no occasion for this Court to add more meaning, in reference to the context, to the provisions of the Factories Act, 1948.;