Factories Act 1948 - Chapter XI

Section 107 of the Factories Act 1948: Appeals

Section 107 provided a statutory appeal against a written order served by an Inspector under the Factories Act, 1948. It prescribed a 30-day appeal period, permitted the appellate authority to confirm, modify or reverse the order, dealt with assessors, and allowed suspension of the Inspector's order in appropriate cases.

Current legal status: The Occupational Safety, Health and Working Conditions Code, 2020 came into force on 21 November 2025. Section 134 of that Code provides for repeal of the Factories Act, 1948, subject to its savings provisions and section 6 of the General Clauses Act, 1897. Section 107 therefore remains important for understanding appeals and proceedings arising under the earlier Factories Act regime, but it should not be presented as the current general statutory provision for new matters after commencement of the Code.

Who could appeal?The factory manager served with an Inspector's written order, or the occupier of the factory.

Time limitThe appeal was required within 30 days from service of the order.

Power on appealThe prescribed authority could confirm, modify or reverse the order, subject to State Government rules.

Interim protectionThe appellate authority could suspend the order pending the appeal, subject to applicable rules and conditions.

Text and meaning of Section 107

Section 107(1): The manager of a factory on whom an order in writing by an Inspector has been served under the provisions of the Act, or the occupier of the factory, may appeal within thirty days of service of the order to the prescribed authority. Subject to State Government rules, that authority may confirm, modify or reverse the order.

Section 107(2): Subject to the rules made by the State Government, the appellate authority may hear an appeal with the aid of assessors. If the petition of appeal so requires, assessors are to assist unless the appeal falls within a class excluded by the applicable rules. One assessor is appointed by the appellate authority and the other by the prescribed body representing the industry concerned. The authority may proceed in the circumstances specified in the proviso if the industry assessor is not appointed or does not attend.

Section 107(3): Subject to State Government rules and any conditions regarding partial compliance or temporary measures, the appellate authority may suspend the order appealed against while the appeal is pending.

How the appeal mechanism worked

The provision created a focused remedy against a written order of an Inspector. The right was available to the manager served with the order and to the occupier. The appeal had to be brought before the authority prescribed under the relevant rules, so the applicable State rules were important for identifying the authority, procedure and any additional requirements.

Thirty-day limitation period

The statutory period under sub-section (1) was thirty days from service of the Inspector's written order. For a matter governed by the former Act, the date and proof of service can therefore be important when examining whether an appeal was filed within time.

Confirming, modifying or reversing the order

The appellate authority was not limited to either accepting or rejecting the Inspector's order. Subject to the applicable State rules, it could confirm the order, alter it, or reverse it.

Role of assessors

Sub-section (2) contemplated technical or industry assistance through assessors. The detailed operation of this mechanism depended on rules made by the State Government, including any classes of appeals that could be heard without assessors.

Suspension pending appeal

Filing an appeal did not by itself mean that the Inspector's order was suspended. Sub-section (3) empowered the appellate authority to suspend the order if it considered that appropriate, subject to applicable rules and conditions such as partial compliance or temporary protective measures.

Effect of the OSHWC Code 2020

The Occupational Safety, Health and Working Conditions Code, 2020 is now the central statutory framework replacing the Factories Act, 1948 and several other labour enactments. The Code was brought into force on 21 November 2025. Its repeal and savings provision preserves qualifying actions already taken under the repealed enactments and also applies section 6 of the General Clauses Act, 1897. Accordingly, the legal effect of Section 107 in an older dispute should be considered together with the repeal and savings provisions, the date of the relevant Inspector's order, and the applicable rules.

Practical points for older Section 107 matters

Identify the written Inspector's order and the date on which it was served.
Check whether the appellant was the manager served with the order or the occupier.
Examine the State rules that prescribed the appellate authority and procedure.
Check whether suspension of the impugned order was sought or granted pending appeal.
For proceedings extending beyond 21 November 2025, examine the OSHWC Code's repeal and savings provisions before determining the continuing legal effect of an earlier order or proceeding.

Official legal sources

Updated: 26 September 2026. This page is an informational explanation of a legacy statutory provision and should be read with the applicable current law and rules.