STATE Vs. KANASARA MANILAL BHIKHALAL

JUDGEMENT

(1.) This is an appeal by the Stale of Gujarat against the order passed in appeal by the learned Sessions Judge, Surendranagar, setting aside the order of conviction and sentence passed by the Judicial Magistrate, First Class, Wadhwan, in respect of an offence under the Factories Act, 1948.

(2.) The prosecution case is that the accused in tnis case is the manager and occupier of a factory known as Saurashtra Metal and Mechanical Works, Wadhwan, and that he had contravened the provisions of Section 63 of the Factories Act, 1948, by allowing the workers of the factory to work otherwise, than in accordance with the periods of work mentioned on the Notice Board and the Register. The prosecution case further was that on June 21, 1960, at about 5-50 A.M. the Inspector of Factories, Mr. K. U. Shah, visited the factory in question and he found three workers working in the factory even though the time for these workers as mentioned in the notice Board and the Register was from 7 A.M. The defence of the accused was that at the relevant time he was not the manager and occupier of the factory but his partner Mr. D. A. Dangi was the manager. The learned Magistrate after going into the merits of the question, disbelieved this aspect of the matter and held that the accused was the manager and the occupier of the factory. The defence of the accused further was that the machine of the factory in question had gone out of order on June 20, 1960, which was repaired Immediately and the work was started earlier the next day as an urgent order was to be executed by the factory; and that a letter was written to the Inspector or Factories on June 20, 1960. That letter is Ex. 11 in tne trial Court's record and by that letter intimaiion was sent that on June 21, 1960, the following machine was to start work at 5 A.M, and, therefore, the letter was written for granting the permission for the same.

(3.) The learned trial Magistrate convicted the accused under Section 63 read with Section 94 of the Factories Act, 1948, and sentenced him to pay a fine of Rs. 100/in respect of each of the three workers, and thus he was sentences to pay a fine of Rs. 300/-, in default to suffer R. I. for one month. Against that order of conviction and sentence the accused went in appeal before the learned Sessions Judge, Surendranagar. The learned Sessions Judge, Surenora-nagar, allowed the appeal and set aside the order of con- viction and sentence passed against the accused and acquitted the accused of the offences with which he stood charged.