INSPECTOR OF FACTORIES THE JUNAGADH Vs. GORDHANDAS PURSHOTTAMDAS

JUDGEMENT

(1.) -This appeal is filed by the Inspector of Factories Junagadh and the State of Gujarat against the order of acquittal passed by the learned Additional Sessions Judge Rajkot District Gondal in Criminal Appeal No. 18 of 1968 whereby the learned Additional Sessions Judge acquitted the respondent from a charge of having committed an offence punishable under sec. 92 of the Factories Act 1948 (hereinafter referred to as the Act) read with Rule 7(1) of the Gujarat Factories Rules 1963 (hereinafter referred to as the Rules).

(2.) The respondent is the occupier and main partner of Ramesh Textile act Jetpur. This Ramesh Textiles carried on a business of printing Saris in its premises at Jetpur. The premises consist of a building and an open compound enclosed by walls. These premises belong to Dinesh Dying Works from whom Ramesh Textiles has taken the premises on rent. This Ramesh Textiles obtained a licence as required under the provisions of the Act but no renewal of licence for the year 1966 was applied for. The Inspector of Factories visited the premises on 28-7-1967 when he found 13 workers working in the premises. He found that business of screen-printing of saris was conducted in the premises. He found that there was a well in the open compound of the premises and that an electric motor of one H. P. was installed on that well and that with the aid of that electric motor water from the well was pumped collected in a tank on the terrace of the building. According to the Factories Inspector water was used for manufacturing process of printing saris and therefore the premises were a factory. After some correspondence a complaint was filed against the present respondent for having failed to get the licence renewed under the provisions of Rule 7 of the Rules which is an offence by virtue of sec. 92 of the Act.

(3.) The case of the respondent before the learned trial Magistrate was that the Ramesh Textiles is not a factory and therefore the provisions of the Act and the Rules do not apply. The learned trial Magistrate came to the conclusion that the water from the tank in the terrace was used for cleansing and washing designs tables and floors of the factory and therefore the water was used for manufacturing process. He therefore came to the conclusion that the Ramesh Textiles was a factory. He accordingly convicted the respondent and sentenced him to pay a fine of Rs. 250/in default to suffer rigorous imprisonment for 15 days.