STATE Vs. E C GOVINDAN ASAN AND SONS

JUDGEMENT

(1.) All these petitions are filed by the State to revise and set aside the orders passed by the learned First Class Magistrate, Chengannoor in C.C. Nos. 15 to 19 of 1124. The complaints were filed by the Inspector of Factories, Kottyam, with the sanction of the District Magistrate, against the occupier and manager of certain cashew factories, for offences said to have been committed by them in not providing with the necessary amenities in the factories as directed in the Factories Act VIII of 1114. The Inspector of Factories found on 6.8.1123 that the accused had contravened the provisions of Ss. 20,32(b) and 51 of the Factories Act, and R. 67 framed under S.22 and had committed an offence punishable under S.74(2) of the said Act. S.75 of the Act provided that no court was to take cognisance of any offence under the Act or any rule or order thereunder, other than an offence under S.62 or S.64, unless a complaint thereof was made within six months of the date on which the offence was alleged to have been committed. The offence in these cases were said to have been committed on 6.8.1123. But the complaints were filed only on 6.2.1124. That was beyond six months and not within the period as provided for in S.75 of the Factories Act. The learned Magistrate therefore dismissed all the complaints as being late and hence not cognizable.

(2.) When these Revision Petitions came up for argument before a single Judge of this Court, it was thought proper to refer the whole case for decision by a Full Bench on the important question regarding the applicability of S.10 of the General Clauses Act to the actions taken pursuant to special statutes which provide for definite period of limitation, apart from those given in the Limitation Act. The view of the several High Courts were conflicting.

(3.) The offences committed were detected on 6.8.1123. The complaints should therefore have been filed on or before 5.2.1124. The fifth Kanni 1124 being the Samadhi day of Sree Narayana Guru, was a holiday. The learned Government Pleader therefore stated, that under S.10 of the General Clauses Act, a complaint filed on the next working day would be sufficient. S.10 reads as follows:-