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2012 DIGILAW 1172 (MAD)

Polyspin Exports Ltd. , represented by its Director v. Union of India, represented by Secretary to Government

2012-03-02

R.SUDHAKAR

body2012
Judgment :- 1. Both Writ Petitions are filed praying to issue a Writ of Declaration declaring that the petitioner is legally and lawfully entitled to employ women workers in all the three shifts including the night shifts. 2. The prayer in the writ petitions is vague and misconceived. However, the grounds raised in the writ petitions reveal that the petitioner management is aggrieved by Section 66(1)(b) of the Factories Act, 1948 which imposes certain restrictions on women workers employed in industrial units. That was challenged by one Smt.R.Vasantha in W.P.Nos.4604 to 4606 of 1999 batch and E.Padmanabhan,J, in a common judgment reported in 2001-II LLJ 843 declared Section 66(1)(b) of the Factories Act, 1948 as unconstitutional and violative of Article 14 of the Constitution of India. The State took up the matter by way of appeal. However, withdrew the writ appeal and the same was dismissed as withdrawn. 3. In view of the decision rendered in Tmt.R.Vasantha - vs. -Union of India reported in 2001-II LLJ 843 on the very same issue, the present writ petitions challenging the very same proceedings are dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed.