IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.147 of 2009 ====================================================== M/S PROGRESSIVE CONSTRUCTION LTD. REGISTERED OFFICE AT 7TH FLOOR, RAGHAVA RATTAN TOWERS, CHIRAG ALI LANE ABIDS HYDERABAD, THROUGH ITS AUTHORIZED REPRESENTATIVE AND ADMINISTRATIVE OFFICER SRI SATYENDRA RAI, S/O RAM NARESH RAI HAVING HIS CAMP OFFICE AT JALALGARH, PURNEA …. …. PETITIONER/S VERSUS 1. THE STATE OF BIHAR THROUGH SECRETARY, DEPARTMENT OF LABOUR, GOVERNMENT OF BIHAR PATNA 2. INSPECTOR OF FACTORIES, PURNEA CIRCLE, PURNEA. .... .... RESPONDENT/S ====================================================== Appearance : For the Petitioner/s : Mr. Pushkar Narain Shahi Mr. Dhananjay Kr.Shahi Mr. Sanjeet Kumar Singh For the Respondent/s : Mr. (SC17) ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 3 13-07-2012 The petitioner prays for quashing the direction contained in Letter no. 210 dated 6.9.2008, issued by the Inspector of Factories, Purnea circle, Purnea by which his Batching and Hot Mix Plat has been held as a factory and he has been directed to comply with the provisions of the Factories Act, failing which action has also been contemplated against the establishment in terms of Letter no. 236 dated 26.9.2008 issued by respondent 2. The petitioner submits that he runs Progressive Constructions limited At & Post Jalalgarh, District Purnea Patna High Court CWJC No.147 of 2009 (3) dt.13-07-2012 2 / 2 2 (Bihar) which is engaged in civil construction under National Highway Authority of India (NHAI) and is performing his part of the contract which was assigned to the company for civil construction. He further submits that the hot mix bituminous plant in the said unit is a mobile unit and being used for performing Government assignment of making civil construction, so it cannot be termed within the Factories Act. Having regard to the nature of dispute, I remand this matter to respondent no.2. If the petitioner files a petition before respondent no.2 within four weeks from today, he would dispose of the same within further period of three weeks. The writ petition stands disposed of with the aforesaid directions. Shashi. (Samarendra Pratap Singh, J)