STATE OF GUJARAT Vs. NIRMAL PULSE

JUDGEMENT

(1.) Respondents are the original accused persons who came to be acquitted from the offence punishable under section 9-A (a) read with section 37 of the Industrial Disputes Act 1947 (the Act for short) by the learned Chief Judicial Magistrate Surendranagar in Summary Case No.2361/83 on 26.3.1984. The appellant-State has questioned the legality and validity of the aforesaid acquittal order by raising the aids of the provisions of section 378 of the Criminal Procedure Code 1973 (Code for short).

(2.) Respondents are the original accused persons against whom a criminal complaint was lodged by Mr. Malavia who was the Labour Officer and Superintendent under the Minimum Wages Act at the relevant time and was working at Surendranagar. Accused No. 1 is a factory which was run at Surendranagar at the relevant time and accused Nos. 2 and 3 were in charge of the management of the said factory. The said factory was run in two shifts the first shift from 7 A.M. to 3.30 P.M. and the second shift from 3.30 P.M. to 12 Mid-night. There was recess time between 12 to 12.3 noon for the first shift and from 7 P.M. to 7.3 P.M. for the second shift. The accused persons changed the timings on 24.4.1982 without observing the required procedure. According to the prosecution case the accused persons were guilty for the breach of the provisions of the Act punishable under sections 9-A(a) and 37 of the Act.

(3.) Accused pleaded not guilty and claimed to be tried. The prosecution relied on the evidence of the complainant Labour Officer at Ex.8 and the documents of the said factory.