Madras High Court
M/S.Polyspin Exports Ltd vs Union Of India on 2 March, 2012
Author: R.Sudhakar
Bench: R.Sudhakar
IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated 2.3.2012 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P.Nos.29454 and 35951 of 2002 and W.P.M.P.No.47851 of 2002 M/s.Polyspin Exports Ltd., 1, Railway Feeder Road, Cholapuram South, Rajapalayam-626 139, Virudhunagar District, represented by its Director. ... Petitioner in W.P.No.29454 of 2002 M/s.Standard Spinning and Weaving Mills Limited, Chinnapandithanpatti-626 141, Srivilliputhur Taluk, Virudhunagar District, represented by its Managing Director. ... Petitioner in W.P.No.35951 of 2002 vs. 1.Union of India, represented by Secretary to Government, Ministry of Labour, New Delhi. 2.The State of Tamil Nadu, represented by Secretary to Government, Department of Labour & Employment, Fort St. George, Chennai-600 009. 3.The Chief Inspector of Factories, Chepauk, Chennai-600 005. ... Respondents in both W.Ps. Both Writ Petitions are filed under Article 226 of the Constitution of India praying to issue a Writ of Declaration declaring that this petitioner is legally and lawfully entitled to employ women workers in all these three shifts including the night shifts. For petitioner in both W.Ps. : Mr.M.E.Elango, For respondents in both W.Ps. : Mr.K.Ravindranath Additional Central Government Standing Counsel for R1. Mr.S.V.Durai Solaimalai, Additional Government Pleader, for R2 and R3. ----- COMMON ORDER
Both Writ Petitions are filed praying to issue a Writ of Declaration declaring that the petitioner is legally and lawfully entitled to employ women workers in all the three shifts including the night shifts.
2. The prayer in the writ petitions is vague and misconceived. However, the grounds raised in the writ petitions reveal that the petitioner management is aggrieved by Section 66(1)(b) of the Factories Act, 1948 which imposes certain restrictions on women workers employed in industrial units. That was challenged by one Smt.R.Vasantha in W.P.Nos.4604 to 4606 of 1999 batch and E.Padmanabhan,J, in a common judgment reported in 2001-II LLJ 843 declared Section 66(1)(b) of the Factories Act, 1948 as unconstitutional and violative of Article 14 of the Constitution of India. The State took up the matter by way of appeal. However, withdrew the writ appeal and the same was dismissed as withdrawn.
3. In view of the decision rendered in Tmt.R.Vasantha vs. - Union of India reported in 2001-II LLJ 843 on the very same issue, the present writ petitions challenging the very same proceedings are dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed.
ts To
1.Secretary to Government, Union of India, Ministry of Labour, New Delhi.
2.The Secretary to Government, Department of Labour & Employment, Fort St. George, Chennai-600 009.
3.The Chief Inspector of Factories, Chepauk, Chennai 600 005