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Mansinb
2

Can any one please help me to solve my query ? I have a question that is it compulsory to maintain creche facility in company where more than 30 women are working but all are unmarried and without children?
From India, Rajkot
saiconsult
1897

In my view, it is necessary because the relevant provision under factories Act no where said that a creche shall be provided if only 30 married woman are employed. B.Saikumar Mumbai
From India, Mumbai
loginmiracle
362

The Act doesn't talk about employees being married or not, it simply asks the Factory to provide for such facility. The attached judgment of Gujarat High Court some what dealt such matter of non provision of a creche in the factory (of course there were children of employees in this case). So there will be violation and the Factory is liable for penalisation.
kumar.s.

From India, Bangalore
Attached Files (Download Requires Membership)
File Type: doc Creche under Factories Act-Gujarat High Court judgment.doc (92.0 KB, 1586 views)

sunilkrawal
3

Dear,
Does not matter, they are having baby or not, rule is rule. So, as per my view you must maitain creche for the same. If you do not want to maintain creche, you should reduce the strenth of female worker, it can be upto 29, which is not applicable.
Thanks
Sunil Rawal
Panipat

From India, Faridabad
saswatabanerjee
2358

There are 4 conditions which need to be fulfilled for making it compulsory to have crèche. These are in the rules, not the act. In Maharashtra, there must be 4 of them who have children. Further the children must be of age below 6 years
Please check factories rules under Gujarat state and verify if similar condition are applicalble

From India, Mumbai
varghesemathew
910

Though legally creche is mandatory the purpose of creche as given in sub sec(1)can be functionally interpreted in such a way that one creche is mandatory ,if 30 or more women are working and if any of them have at least one child below the age of six, whether the women is married or not.
Varghese Mathew
9961266966

From India, Thiruvananthapuram
mmsmnk
45

This is a legal binding.Creche has to be provided where 30 or more women are employed.It does n’t matter if they are unmarried and have no children.
From India, Bokaro
Mansinb
2

What should be the procedure if I want to claim against this section of Factories Act?? In Rajkot city where should I go for claiming against section 48 of Factories Act 1948? Can anyone please Help me?
From India, Rajkot
saswatabanerjee
2358

What do you mean you want to claim against this factory ? Are you expecting to get compensation from the company for them not having a creche ? Only the factory inspector can take action, not you.
From India, Mumbai
Mansinb
2

No I don't want to claim against the factory but I want to claim against law because we have more than 30 female working in our organisation but they all are unmarried so why should I start creches facility which is totally useless thing for our company? I can spend those money by providing some other welfare activity rather than investing it in creches house.
From India, Rajkot
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