SURAT ELECTRIC CO LTD Vs. GD NAIK INSPECTOR

JUDGEMENT

(1.) The petitioner has filed this petition under Section 401 of the Code of Criminal Procedure with the prayers to call for the record and proceedings of Criminal Appeal No. 3 of 1994 and quash judgement and order dated 29.01.1994 of learned JMFC in Shop Case No. 1473 of 1989 as well as judgement dated 25.10.2004 of learned Sessions Judge, Surat, in Criminal Appeal No. 3 of 1994. By the original judgement dated 29.01.1994, learned JMFC has convicted the petitioner for offences punishable under Sections 7(4), 51, 62(a)(b) read with Section 23(5) of the Bombay Shops and Establishments Act, 1948, and imposed fine of total Rs. 1,000/- and, in default, simple imprisonment for one month.

(2.) Short facts of the case are that, on 23.01.1989, the complainant-inspector had visited the office of the petitioner and found that provisions of the Bombay Shops and Establishments Act, 1948 (for short 'Act') were violated in several respects. Upon the criminal case being filed, the petitioner put up a defence that as the company of the petitioner was registered under Factories Act, provisions of the Shops Act did not apply to it. During the course of trial, the petitioner had examined the factory inspector and relied upon his oral testimony to submit and substantiate the defence that the office of the petitioner inspected by the complainant was part of the factory and covered by the license issued under the Factories Act, 1948.

(3.) Learned counsel for the petitioner vehemently argued that there was no evidence to suggest that the administrative office inspected by the complainant was not the part of premises of the factory of the petitioner in respect of which license was issued under the Factories Act. The relevant provisions of Section 70 of the Act clearly stipulate that nothing in the Act shall be deemed to apply to a factory and the provisions of the Factories Act, 1948, shall, notwithstanding anything contained in that Act, apply to all persons employed in and in connection with the factory. However, it is provided that, where any shop or commercial establishment situate within the precincts of a factory is not connected with the manufacturing process of the factory, the provisions of the Act shall apply to it.