The Madras High Court has upheld a single Judge's order declaring unconstitutional Section 66 (1) (b) of the Factories Act.
A Division Bench, comprising Justices C. Nagappan and M.M. Sundresh, delivered the judgment while dismissing an appeal by the Tamil Nadu Labour Department and the Chief Inspector of Factories challenging the single Judge's order of 2002.
Earlier, the petition was filed by V. Rajeswari, a worker of Viswabharathi Textiles Ltd., Unit-II, Vadamadurai, challenging the constitutional validity of the legal provision, alleging that it was discriminatory to the interests of women folk in the liberalised scenario of globalisation.
Following an earlier decision of the Madras High Court in 2001, the single Judge allowed the writ petition.
In its appeal, the State government submitted that the single Judge had failed to see that the impugned statutory provisions which prohibited the employment of women in any work in any factory between 7 p.m. and 6 a.m. was incorporated in the larger interests of women workers as a protective provision considering their safety, security and lack of transport facilities during night hours.
In its judgment, the Bench said counsel for the textile company, R.S. Pandiyaraj, submitted that the Centre had not preferred any appeal against the single Judge's order. Only the State government had preferred the appeal challenging the impugned order. The Centre had also not preferred any appeal against the court's decision in 2001 and it was allowed to become final.
The Bench said it was recording the submission and was dismissing the writ appeal as not maintainable.
