on 23 rd sept 2009 chimny collapse at balco during construction of chimny for new power plant of 1200mw. due to collapse of chimny 40 persons were died & 6 were injured during work.
I want to know which act will be applicable on above stated chimny for safety of worker engaged in that job & why!
whether factories act 1948 is applicable on site or not.
In this case the BOCW Act of 1996 would be applicable and not the Factories Act, 1948. This view is supported by the High Court of Madhya Pradesh in the case of M/s Gannon Dunkerlay & Co. Ltd., Vs. State of Madhya Pradesh and others and also by the High Court of Punjab & Haryana in the case of Adani Agri Logistics Ltd. and another Vs. State of Haryana amd others.
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