One factory manager in multiple factories in the same premises

Hi Ravi Kumar, 

I have gone through your query and understand it. Here is my advice. 

So, without wasting any time, let’s directly come to the questions that you have asked and discuss them thoroughly:

Can one person be a factory manager at two units under the same name on the same premises?

According to the provisions mentioned in the Factories Act of 1948, it can be easily understood that the occupier of a factory is required to appoint a “factory manager” who will be in charge of the daily activities and ensure safety and legal procedures. The manager should be physically present in the area of factory operations, always ready to answer questions and concerns regarding the management of the factory operations.

As we have discussed above, it can be said that one person can not work as a factory manager at two units under the same name on the same premises as the role of a factory manager requires a lot of responsibility and supervision and it is not possible for a single person to be available at two places at the very same time as per the needs of the factory. 

Because of this reason, courts have made this law that each unit must have a separate factory manager who will be responsible and efficient accordingly. 

Hence, as per the laws, each unit ideally should have a separate factory manager to meet the requirements of the work schedule.  

Can one person be a factory manager at two units under a different name on the same premises?

If the two units are actually built and owned by a different company but they still located on premises next to each other, managing them separately is more like an imperative. However, compliance rules will exist for separate legal entities and one person managing both may not be able to effectively manage either unit or worse could result in conflicts of interest.

In the case of M/s. J.K. Cotton Spinning & Weaving Mills v. State of Bombay (1964), the Bombay High Court ruled that every unit or establishment under separate management should have its own factory manager. This ensures that the requirements regarding the compliance of the Factories Act will be met separately and independently.

In conclusion, it can be said that the position of factory manager cannot be held by a person for more than one unit whether under the same name or different names, as per the provisions of the Factories Act, of 1948, because of the nature of duties and legal implications of the role.

I hope that I was able to resolve your queries and still, if you have any follow-up questions, feel free to ask.