STATE OF GUJARAT Vs. BHUPENDRAKUMAR JAGJIVANDAS PATEL

JUDGEMENT

(1.) This is an appeal filed by the State against the order dated 20.3.1990 of JMFC, Manavadar in Summary Case No.89 of 1990 for an offence of violation of section 67 of the Factories Act,1948.

(2.) That on 18.12.1989 one Shri S.R.Bodar who is designated Inspector under section 8 (1) of the Factories Act,1948 visited the factory premises of the accused and found that one child labourer named Jyotsna Polabhai was working in the factory employed at Sr.No.25 of Pay Roll Muster of December,1989. On ascertaining the age it was found that she was aged about 12 years viz. less than 14 years and in view of this fact it was found that accused had violated section 67 of the Factories Act, 1948 and was liable to be punished under section 92 of the said Act. In the complaint dated 20.2.1990 (exh.1) it is thereafter stated that though the offence under section 67 of the Factories Act, 1948 would be normally punishable under section 92 of the said Act, the accused was punishable not under the provisions of section 92 of the Factories Act, 1948 but under section 15(1) read with section 15(2)(a) of the Child Labour (Prohibition and Registration) Act,1986 as specified in section 14 of the said Act.

(3.) On behalf of the appellant it was stated that the order of sentence passed by the Trial Court was grossly inadequate and too lenient and no reason was assigned for charging less than the minimum sentence prescribed. Reliance was placed on section 14(1) of the Child Labour (Prohibition and Registration) Act,1986 to emphasise the fact that a minimum sentence had been prescribed in the Act and there was no warrant to impose a sentence less than that. It was accordingly prayed that the order imposing fine of Rs.200.00 and in default thereof sentence of five days S.I. should be enhanced.