Limitation To File Complaints Under Factories Act Is Strictly 3 Months, There Is No Provision For Condonation: Jharkhand High Court

It was also observed that the Judicial Magistrate did not apply his judicial discretion appropriately after taking cognizance of the matter. Consequently, the High Court quashed the proceedings against the occupiers of a factory.

Brief Facts:

The prosecution report filed by the Inspector of Factories alleged that the Petitioners occupied Usha Martin Ltd. (Captive Power Plant). It stated that on 01.10.2011, during an inspection at the factory, it was revealed that the number of trained security officers fell short of the mandated three as per the notification of the Labour Employment and Training Department, Govt. Of Bihar which violated section 40B of the Factories Act read with Rule 62 B of the Factories Rules. The Judicial Magistrate took cognizance and passed an order against the Petitioners. Feeling aggrieved, the Petitioners approached the Jharkhand High Court (“High Court”) to quash the entire criminal proceeding and order of cognizance.

The Petitioners argued that Section 106 of the Factories Act sets a three-month limitation period for filing complaints under Section 92 of the Factories Act from the date of occurrence. They argued that since the inspection occurred on 01.10.2011 and the complaint was filed on 05.01.2012, exceeding the stipulated three-month timeframe. Therefore, it violates the mandatory provision of Section 106.

Observations by the High Court:

The High Court noted that the complaint explicitly stated that the act transpired on 01.10.2011, with the complaint itself being filed on 05.01.2012. It held that this timeline indicated that the complaint was filed beyond the three-month limitation period stipulated in Section 106 of the Factories Act. According to this provision, no court can take cognizance of any offence punishable under the Act unless a complaint is made within three months of the date on which the alleged offence came to the knowledge of an Inspector.

The High Court held that there exists no provision for the condonation of delay in filing such complaints. Section 106 of the Factories Act unambiguously dictates that the limitation for filing a complaint is three months from either the date of the offence or the date on which the occurrence came to the Inspector's knowledge. Given that the complaint was filed well beyond this timeframe, the High Court held that it could not entertain the proceedings based on the time-barred complaint.

Furthermore, the High Court observed that the Judicial Magistrate had taken cognizance merely by filing some lines in a format outline, without properly applying judicial discretion. Consequently, the High Court held that the Magistrate failed to exercise his judicial mind in taking cognizance. Therefore, the High Court quashed the proceedings against the Petitioners.

Case Title: K. Kannan and Anr vs The State of Jharkhand and Anr.

LL Citation: 2024 LiveLaw (Jha) 69

Case Number: Cr.M.P. No. 628 of 2012

Advocate for the Petitioner: Mr. P.A.S. Pati, Advocate

Advocate for the Respondent: Mr. Achinto Sen, Advocate

Click Here To Read/Download Order