TMI Blog1951 (8) TMI 26X X X X Extracts X X X X X X X X Extracts X X X X ..... just mentioned has been challenged. It is alleged that though these rules purport to be framed under Sub-section (2) of Section 49, Factories Act, 1948, they do not come within the purview of that Sub-section and are consequently ultra vires of the Government of Uttar Pradesh. An additional ground has been taken in writ Application no. 208 of 1950. It is based on the nature of working of the sugar factories. It was contended by the petitioner in this petition that sugar factories employ 500 or more workers during the crushing season only which usually lasts for about four months. Daring the remaining portion of the year, the number of workers employed by these 17 factories goes down below 500 and consequently it was contended that it cannot be said that these sugar factories ordinarily employ 500 or more workers which is an essential requirement for the applicability of Section 49 Factories Act, 1948, and the rules thereunder. 2. We may first consider the latter ground taken by the Employers' Association in writ Application No. 208 of 1950. It was contended by the learned counsel for the petitioner that because the sugar factories employ 500 or more workers during the cr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the manufacturing process during the off season. The word 'ordinarily' in this definition cannot be interpreted in the sense in which it is used in common parlance. It must be interpreted with reference to the intention and purposes of the Act in which it has been used and with reference to the subject-matter to which the Act has to be applied. The principle that general words are to be construed with reference to the intention of the statute in which they occur and to the subject-matter to which they have to be applied is well recognised and has been fully discussed by Maxwell in his book on The Interpretation of Statutes. When the word 'ordinarily' has to be as interpreted in the definition of 'factory,' a similar interpretation must be put on the word 'ordinarily' used in Section 49 when that section is applied to sugar factories. We are, therefore, unable to accept the contention of the learned counsel for the petitioner that Section 49 Factories Act, 1948, cannot be applied at all to sugar factories or to other factories which have a limited working season. This question may be looked at from another angle. Even the factories which work throu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erefore, clearly falls within the purview of the rule-making power of the Provincial Government under Sub-section (2) of Section 49 Factories Act 1948, and is therefore, a valid rule. 4. We, however, feel that the contention of the learned counsel for the petitioners with respect to Rules NOS. 5, 7, 8 and 9 is correct and must be accepted. Rule 5 lays down that the Labour Commissioner shall invite applications from amongst candidates qualified under Rule 4 and shall maintain a list of approved candidates for appointment as Welfare Officers in factories. The names shall be arranged in order of merit and with due regard to the qualifications laid down in Rule 4. Rule 7 lays down that, subject to the provisions contained in Rules 8 and 9, appointments to the various grades shall be made as follows : Grade I, By selection from the list prepared under Rule 5 and from amongst certain Welfare Officers of Grades II and III. Grade II. By selection from the list prepared under Rule 5 and from amongst certain Welfare Officers of Grade III. Grade III. By selection from the just prepared under Rule 5. Rule 8 enjoins the factories to send their ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e chosen to fill a seat in Parliament unless he, (a) ***** (b) ***** (c) possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament. It would, in our opinion, be absurd to contend that, under this Article, the Parliament has power to make a law laying down that no person shall be qualified to be chosen to fill a seat in Parliament unless his name occurs in a list of persons maintained by such officer as may be nominated in that behalf. If such an interpretation was placed on the word 'qualifications' used in this Article, the Government of the day could ensure that there should be a list which would contain names of only such persons as the Government would desire to be returned to Parliament in future. Conditions of this type cannot be considered as qualifications for election to the membership of the Parliament. On the same analogy, the word 'qualifications' used in Sub-section (2) of Section 49 Factories Act, 1948, cannot be construed to include the procedure for recruitment and appointment which has been prescribed in Rules NOS. 5 7, 8 and 9. 5. The learned counsel for the op ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arrive at the opinion that it is expedient to make the rules in order to give effect to the purposes of this Act. Whenever this power is exercised, the notification issued should make it clear that there was such conscious exercise of mind by the rule making authority. In this case, it is obvious that there was no such exercise of mind by the Provincial Government because the notification makes no mention at all of Section 112. When the rules were framed, this provision of Section 112 Factories Act, 1948, was lost sight of altogether and consequently there could be no question of the Provincial Government making the rules after coming to a finding that it was expedient to make the rules in order to give effect to the provisions of the Act. Section 112 also cannot, therefore, make these rules valid. The rules are obviously ultra vires of the Provincial Government and consequently, in respect of these rules, the petitioners are entitled to the remedy, they have asked for. 6. As a result, we dismiss both the petitions in so far as they relate to Rule 6 and allow them with regard to Rules 5, 7, 8 and 9. A writ of mandamus shall issue to the opposite-party, restraining them from ..... X X X X Extracts X X X X X X X X Extracts X X X X
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