State of Goa & Anr Vs Namita Tripathi (Supreme Court of India)
Supreme Court held that washing and dry cleaning is covered within the meaning of ‘manufacturing process’ defined under section 2(k) of the Factory Act, 1948 and hence Factory Act will be applicable. Accordingly, appeal is allowed and order of High Court set aside.
Facts- Pursuant to the inspection conducted on 20.05.2019 in the premises of the respondent wherein the business of Professional Laundry Service was carried on, it was found that the respondent did not possess factory approved plans as required under Rule 3 of the Goa Factories Rules, 1985 r.w.s 6 of the Act of 1948; that the premises were being used as a factory without obtaining a valid factory licence in violation of Rule 4 of the Rules r.w.s. 6 of the Act of 1948 and that the respondent had not submitted any application for registration and grant of licence in violation of Rule 6 of the Rules r.w.s. 6 of the Act of 1948.
The complaint concluded by stating that since no satisfactory reply was forthcoming the respondent was liable for offences punishable under Section 92 of the Act of 1948.
By the impugned order, the High Court has quashed the order issuing process after holding that a perusal of the order issuing process, did not reflect any application of mind. Aggrieved, the appellants are before us in Appeal.
