Q-2: Define ordinary factory and seasonal factory.
Ans: ORDINARY FACTORY OR REGULAR FACTORY
A regular factory has been defined above while a seasonal factory is that factory which only works within a particular season and which is exclusively engaged in the manufacturing process of cotton ginning, cotton or jute processing, manufacture of coffee, indigo, lac, rubber, sugar or tea. Besides the above special manufacturing process it is open for the Provincial Governments to declare any such factory as a regular factory on the ground that it continues to work for more than one hundred eight days in a year. This declaration is to be published in the official gazette. (Sec. 4)
This staff is to be appointed by the Provincial Government by notification in the official gazette. There is one Chief Inspector of Factories for the whole of a province while there are some Inspectors of Factories who are appointed for a certain locality demarcated in the official gazette with the appointment of the Inspector. Every District Magistrate works as an Inspector of Factories in his district. The Chief Inspector has got the power of an Inspector throughout the whole province while an Inspector can exercise these powers only within his district. Any person who is or becomes interested in any industry cannot be appointed for the post and if he already holds the post he cannot retain it.
An Inspector can enter any premise, which is used as a factory, or by the exiting circumstances can be deemed a factory. He has got the power to record evidence, which he might deem necessary for the purposes of this Act. He can examine any register or document which he may deem necessary for any purpose under this Act. A person who has employed only six persons in the premises for carrying on a manufacturing ‘process with or without the use of power cannot refuse inspection by an Inspector the ground that his premises can not be considered a factory according to the Factories Act.
Section 4 of the Factories Act, defines seasonal factory as a factory, which is exclusively engaged in one more of the following manufacturing processes, namely the decortications of ground nuts, the manufacture of coffee, indigo, lack rubber, sugar or tea or any of the aforesaid processes is a seasonal factory. The Act has laid down that no adult worker shall be allowed or required to work for more than forty hours in any week in the case of a seasonal factory for more than forty hours a week this can be extended to a period of fifty six hours if the work is of technical nature and requires continuity. Coming to the daily working hours it has been laid down that no adult worker shall be allowed or required to work in a factory for more than nine hours on any day here adult will include a woman also. Although it appears from the provisions of Sections-34 and that an employer is not allowed to force any worker to work for more than the hours fixed but a facility has been provided by Section 47 that in a non seasonal factory if a worker works for more than nine hours on any day or forty eight hours in a week he will be entitled to be paid overtime which is double the rate ordinary paid to him. After this provision the question arises whether it is quite optional for the worker to work overtime and whether he has the right to refuse to work overtime.
This problem has been delved by the addition of a new Section 47-A which lays down that an adult worker may be required to work overtime which means that the workers has no option to refuse to work overtime without a just cause. This is based on the ruling of the Supreme Court of Pakistan in a case of Dalmia Cement Ltd. Vs Industrial Tribunal 1957-58, L.D.C 157 (S.C) in which it was held that if this option is allowed to the worker it will prove a set-back in the development of the industry and as such it has been made obligatory on the workers to work overtime whenever they are so required.