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No women can be asked to work in night shifts between 10 P.M. to 6 A.M.

Kerala High Court: Considering the increasing rate of crimes against women, a bench of Vinod Chandran J, in order to ensure safety of the working women held that women cannot be asked to work in night shifts between 10 P.M. to 6 A.M.

The instant petition was filed by the women employees of the Seetharam Textiles Limited, Thrissur. V.M. Krishna Kumar, the counsel for the petitioner contended that asking women to work beyond 7 P.M. and prior to 6 A.M. is violation of Section 66 (1)(b) of the Factories Act, 1948. P. Vijayamma, the counsel for the respondent contended that the proviso to the above-mentioned Section enables the State Government to vary the limits provided thereto by notification in the official gazette with respect to any factory or group or class or group of description of factories.

The Court read the circular dated 7.6.2003 issued by the Government of Kerala which stated that women can be employed till 10 P.M. provided that the employer must provide free transport facilities to the women; ensure the presence of minimum of five workers including two women in a shift; and that the spread over time to a worker in a day shall not exceed 9 hours including rest period. The Court allowed the writ petition filed by the women employees and directed the compliance of Section 66(1)(b) of the Factories Act, and stated that women can be employed only upto 10 P.M. provided that the management strictly abide by the conditions as provided in the circular. [C.L. Cicily v. Seetharam Textiles Limited, Thrissur, decided on 18-03-2015].

Article referred: http://blog.scconline.com/category/Case-Briefs.aspx?page=5

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