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. It includes guidelines on working hours, working conditions, cleanliness, safety measures, and the use of machinery to protect workers from accidents and health risks while working in factories.

To initiate 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.
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. Ensure the complaint is signed by the aggrieved worker or their representative.
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. Be prepared to provide additional information or evidence if requested.
6. The Inspector will take necessary actions based on the findings, which may include 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 complaint can be made by the worker himself/herself 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 complaint is signed by the worker(s) making the complaint
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 complaint must be filed within 3 months of the date the Inspector came to know of the alleged offence
2. For continuing offences, the limitation period is computed from each point in time the offence continues
3. For disobedience of a written order by an Inspector, the complaint can be filed 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 causing absence of 48 hours or more, notice in Form 18 must be sent within 24 hours
3. For dangerous occurrences like fire, explosion, collapse etc. not causing death/injury, notice in Form 18A must be sent within 12 hours

The complaint will then be investigated by the Inspector and appropriate legal action taken against the factory if violations are found. The courts have no discretion to condone delays beyond the prescribed time limits.