1 10117.10 SQP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10117 OF 2010 Kantikari Kamgar Union ...Petitioner Versus The Chief Inspector of Factories & Boilers & Ors. ...Respondents ...... Ms.Jane Cox for Petitioner. Mr.Girish Kulkarni i/b Mr.S.Deshmukh for Respondent No.1. Mr.Abhay Nevagi with Mr.Rajesh Mirchandani i/b Abhay Nevagi & Associates for Respondent No.2. Mr.N.R.Prajapati for Respondent No.4. ...... CORAM:- A.M.KHANWILKAR AND MRS.MRIDULA BHATKAR, JJ. DATED:- MAY 6, 2011. P.C. 1. Although two reliefs have been claimed in this Writ Petition, as it is common ground that the respondent No.2 has not been notified as a specified factory, the question of considering relief (a) at this stage does not arise. It is not necessary for us to examine the stand taken by the respondent No.2 that irrespective of the fact that the respondent No.2 is not notified as specified factory, all the adequate provisions for having a canteen or canteens in terms of Section 46 are already made by the respondent No.2. 2 10117.10 This inquiry under the Act would be necessary only after the respondent No.2 is notified as a specified factory. 2. Be that as it may, the only relief that can be considered in the present Petition is prayer clause (b). Inasmuch as it is not in dispute that the strength of workers employed by respondent No.2 ordinarily are more than 250 at a given point of time. It is for the appropriate Authority to consider whether the respondent No.2 can be notified as a specified factory if it is fulfilling all the requirements to be so notified. That is a matter which will have to be inquired into at the first instance by the Authority. 3. In the circumstances, we dispose of this Petition by directing the Appropriate Authority who according to the respondent would be Administrator, Union Territory of Daman and Diu to consider the representation of the petitioner for notifying the respondent No.2 as a specified factory. All questions in that behalf are left open. We have no doubt that the Appropriate Authority shall give opportunity to all concerned before taking any final decision on the representation of the Petitioner. The appropriate Authority shall decide the issue as expeditiously as possible and not later than six months from today. 3 10117.10 4. Petition disposed of accordingly. 5. Needless to observe that if the appropriate Authority decides to notify the respondent No.2 as specified factory, may issue consequential directions which may have to be followed up by other subordinate officers. (MRS.MRIDULA BHATKAR, J.) (A.M.KHANWILKAR, J.)