CHINUBHAI HARIDAS vs THE STATE OF BOMBAY

The Supreme Court held that under Section 36(3) of the Indian Factories Act, 1948, the occupier is not absolutely liable for preventing entry into a dangerous pit; mere entry does not imply permission. The Court clarified that while the occupier must ensure breathing apparatus is available as per Section 36(4), there is no requirement to keep it at the pit unless someone is about to enter with permission. The High Court's interpretation was modified, emphasizing the worker's primary duty to avoid entering dangerous areas without proper safety measures.