C.S. TIWARI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Invoking the revisional jurisdiction of this Court under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (henceforth 'CrPC), applicant C.S.Tiwari, Executive Director (Works) and Occupier of Continuous Casting Shop, Bhilai Steel Plant, Bhilai has filed the instant revision calling in question the order dated 29-04-2005 passed by the State Industrial Court, Chhattisgarh, Raipur in Criminal Appeal No.8/M.P.I.R.Act/IV/2003 (State of Chhattisgarh v. C.S.Tiwari) and Criminal Appeal No.9/M.P.I.R.Act/IV/2003 (State of Chhattisgarh v. C.S.Tiwari) by which the State Industrial Court reversed the order of acquittal dated 30-04-2003 passed by the Judicial Magistrate First Class, Labour Court, Durg in Criminal Case No.480/2000/Factory Act/Fatal (Inspector of Factories v. C.S.Tiwari) and Case No.481/Category-4/2000/Factory Act/Cri. (Inspector of Factories v. C.S.Tiwari) and sentenced the applicant to pay fine of Rupees One Lakh.

(2.) The necessary facts, as projected by the Inspector of Factories while filing the two charge-sheets alleging commission of offence punishable under Section 92 of the Factories Act, 1948 (henceforth 'the Act, 1948') for contravention of the provisions of Sections 7A(2)(d), 7A(1) and 7A(2)(a) of the Act, 1948, are as under:

(3.) Shri Ashish Shrivastava and Shri Anurag Verma, learned counsel appearing for the applicant/Occupier would submit that the State Industrial Court has committed a manifest legal error in reversing the order of acquittal passed by the Judicial Magistrate First Class (Labour Court). They would further submit that the finding recorded by the State Industrial Court is clearly perverse and contrary to the evidence available on record and, therefore, the order passed by the State Industrial Court, convicting the applicant/Occupier, deserves to be set aside and the order of acquittal passed by the Judicial Magistrate First Class (Labour Court) deserves to be restored.