How To File A Case Under The Factories Act

Introduction

How To File A Case Under The Factories Act

The Factories Act is a law that sets rules to ensure the safety, health, and welfare of workers in factories. To determine if there are violations of the Factories Act such as unsafe working conditions, lack of safety equipment or non-compliance with health regulations, you should first conduct a thorough review.

To learn how to file a case under the Factories Act, follow these steps:

1. Determine if there are violations of the Factories Act, such as unsafe working conditions, lack of safety equipment, or non-compliance with health regulations matter. However, for disobedience of an Inspector’s order, the complaint must be filed within six months.
2. Draft a formal complaint detailing the specific violations. Include facts, dates, and any evidence if available.
3. Address the complaint to the Directorate of Industrial Safety & Health (DISH) or the relevant authority in your state. The aggrieved worker or their representative should ensure the complaint is signed.
4. File the complaint within the stipulated time frame, generally within three months of the violation being known, or within six months for disobedience of an Inspector’s order.
5. After submission, the Inspector will investigate the complaint. If additional information or evidence is d, prepare for it.
6. Based on the findings, the Inspector will take necessary actions, including initiating legal proceedings against the factory management if violations are confirmed.

Grounds for Filing a Case

1. Violations of the Factories Act, 1948 or the rules made thereunder by the factory management
2. Non-compliance with statutory provisions related to health, safety and welfare of workers
3. Accidents, dangerous occurrences or occupational diseases in the factory

Who Can File a Complaint

1. A worker who is aggrieved by the management of a factory can file a complaint
2. The worker can make the complaint personally or through a representative.
3. The Inspector of Factories can also file a complaint against the factory management

Procedure for Filing a Complaint

1. Prepare a formal written complaint mentioning the specific violations or incidents
2. Address the complaint to the Director of Industrial Safety & Health (DISH), Labour Department of the state
3. Ensure the worker(s) making the complaint sign it.
4. Send the complaint to the DISH office at the designated address

Time Limit for Filing Complaint

1. For general offences under the Act, the Inspector must file the complaint within 3 months from the date they became aware of the alleged offence.
2. For continuing offences, authorities compute the limitation period from each point in time the offence continues.
3. For disobedience of a written order by an Inspector, the Inspector can file the complaint within 6 months.

Procedure for Factory in Case of Accidents

1. For fatal accidents, the factory must send notice in Form 18 within 12 hours
2. For non-fatal accidents that cause an absence of 48 hours or more, the factory must send a notice in Form 18 within 24 hours.
3. For dangerous occurrences like fire, explosion, or collapse that do not cause death or injury, the factory must send a notice in Form 18A within 12 hours.
4. To determine if there are violations of the Factories Act, inspectors will check for unsafe working conditions, lack of safety equipment, or non-compliance with health regulations.

The courts have no discretion to condone delays beyond the prescribed time limits.