STATE OF GUJARAT Vs. CHANDRAPRAKASH SHETHIA

JUDGEMENT

(1.) This is a group of four appeals filed by the State against the order of the learned Metropolitan Magistrate Ahmedabad for enhancement of the fine imposed on the accused under sec. 92 of the Factories Act. In the first two of the aforesaid appeals the respondent is one Chandraprakash Shethia and in the remaining two the respondent is one Kamal Singh Shethia who are the factory owners. The above- said respondents were prosecuted under sec. 63 of the Factories Act (Act 63 of 1948). The complaint filed against the aforesaid respondents was that on 14/05/1981 Mr. K. H. Sodha Inspector Factories Ahmedabad visited the factory in question at 11.15 A.M. and found an adult worker working in each of the four cases during the time which was notified as recess time. The period of work was displayed as follows

(2.) Against the aforesaid order of the learned Metropolitan Magi- strate the State has come in appeal in each of the aforesaid four matters for enhancement of the fine. At the hearing of the appeals although the respondents were served they have chosen to remain ex- parte. The learned Public Prosecutor Mr. A. J. Patel has submitted that the respondents have deliberately violated the provisions of the Facto- ries Act and have been allowed by the trial court to get away with very light punishment of a fine of Rs. 30.00 only in each matter. Mr. Patel has also urged that if the courts take a lenient view of such offences the Factory owners and Managers will deliberately flout the provisions of law and pay up the nominal fine imposed by the trial Courts. There is considerable force in the submission of Mr. A. J. Patel.

(3.) The factories Act is a legislation for the protection of the workers and that its provisions are meant to be carried out scrupulously in words and spirit. The flouting of those provisions would certainly result into the unfair exploitation of the workers and it is necessary that the courts should not take a very lenient view of such contraventions. It is necessary in the interest of social justice to see that the deliberate contraventions of the provisions of such beneficial legislation should be taken quite seriously and the managements which indulge in such contraventions and exploitation should suffer consequences which would be effective and conducive to the due compliance of such provisions