STATE OF GUJARAT Vs. JOSHI FORMULABS PRIVATE LIMITED

JUDGEMENT

(1.) .Both these appeals are filed by the State against the order of acquittal dated 13-1-1992 passed by the J.M.F.C., Rajkot acquitting the accused for the alleged offence punishable under Sec. 18 of the Minimum Wages Act, 1948 (hereinafter referred to as 'the Act') read with Rules 26(A), 26(2) and 25(2) of Gujarat Minimum Wages Rules, 1961 (for short 'Rules').

(2.) The case of the prosecution is that when the complainant visited the factory premises of accused No. 1 which is a Private Limited Company on 16-10-1987 he found that the following offences were committed by accused No. 1, the Limited Company and accused No. 2 its Director.

(3.) According to the prosecution, the case of the accused is governed by Entry No. 45 of the Schedule which is to be read with provisions of Sec. 2(g) of the Act. Section 2(g) of the Act reads as under :