Occupier under the Factories Act requires proof of ultimate control before a renewal application can be accepted.

The occupier under the Factories Act is the person with ultimate control over the factory's affairs, and that control ordinarily remains with the owner unless it is shown to have been completely transferred. On the materials placed before the Chief Inspector, no document, resolution, or other evidence showed that the company had vested ultimate control in the first petitioner, and questions about managing agents and directorship were left unanswered. In the absence of proof of transfer of control, the Chief Inspector could insist on a renewal application signed by the actual occupier, and the first petitioner was not established as the occupier.

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Issues: Whether the first petitioner was the occupier of the factory within the meaning of Section 2(n) of the Factories Act, 1948, so as to justify acceptance of the renewal application signed by him.

Analysis: The statutory definition of occupier turns on who has ultimate control over the affairs of the factory, and that control ordinarily remains with the owner unless it is shown to have been completely transferred to another person. The materials placed before the Chief Inspector did not show any document, resolution, or other evidence by which the company had vested ultimate control in the first petitioner. The queries raised regarding managing agents and directorship were also left unanswered. In the absence of proof of transfer of control, the Chief Inspector was entitled to insist on a proper application signed by the occupier.

Conclusion: The first petitioner was not established to be the occupier, and the refusal to act on the application signed by him was .

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